Give markaz keys to Maulana Saad after he pays indemnity: Delhi HC to police

During the hearing, the police argued that the original possessor of the property has not come forward to take control, and submitted that under the Delhi Waqf Act, the owner has to come forward and not the board, which is the petitioner.

The Delhi high court on Monday asked the Delhi Police to hand over the keys of the Nizamuddin Markaz building to the owner of the premises on payment of indemnity bonds, while questioning the authorities for not de-sealing the property despite a sustained drip in Covid-19 cases for the past few months.

The Markaz complex, barring the Masjid Banglewali, has been locked since March 2020 for alleged violations of Covid-19 norms during the Tablighi Jamaat congregation. (Ajay Aggarwal/HT Archive)

The Markaz complex, barring the Masjid Banglewali, has been locked since March 2020 for alleged violations of Covid-19 norms during the Tablighi Jamaat congregation.

Justice Jasmeet Singh, while hearing Delhi Waqf Board’s plea to de-seal the building, recorded the police’s submission that the owner of the property, Maulana Saad, will have to approach the authorities, following which the keys could be handed over to him.

During the hearing, the police argued that the original possessor of the property has not come forward to take control, and submitted that under the Delhi Waqf Act, the owner has to come forward and not the board, which is the petitioner.

The court rejected the police’s plea for ownership documents of the building, and said that keys would have to be handed over to the person from whom they were taken.

“You have taken the possession from some person. You return the possession to that person. I am not adjudicating an FIR for title of property, that is not issue before me,” said the court.

“Are you in possession? In what capacity have you taken possession? The FIR was registered under Epidemic Diseases Act... If you take a property under Epidemic Diseases Act and register an FIR, then whosoever was in possession at that point of time, would have to file suit for possession,” justice Singh told Nair.

As the court questioned the counsel, he submitted that Delhi Police would not have any problem in handing over the keys to Saad. Recording this submission, the court disposed of the Delhi Waqf Board plea.