Delhi HC pulls up AAP MLA, says hearing to reopen Markaz is still in progress

The judge expressed displeasure over a statement given to the media by Amanatullah Khan, who said the court has allowed the mosque to be made operational.

Delhi high court was hearing a plea by the Delhi Waqf Board seeking the opening of the Markaz. (Mint file)

The Delhi high court on Tuesday pulled up AAP MLA and Delhi Waqf Board chairman Amanatullah Khan for his comments regarding the reopening of the Markaz building in Nizamuddin for the public. The court also declined a request to permit 50 people to offer prayers on the first day of Ramzan, and instead allowed five nominees to enter the premises.

The judge expressed displeasure over a statement given to the media by Khan, who said the court has allowed the mosque to be made operational.

Justice Mukta Gupta termed Khan’s statement “unfortunate” and said that it has not ordered the reopening of the Markaz building in south-east Delhi which was sealed on March 31 last year after the alleged violation of the Covid-19 guidelines at Tablighi Jamaat meetings.

“It is unfortunate that despite the fact that the writ is yet to be decided and this court has not passed any order in re-opening the mosque, Amanatullah Khan...has made a statement stating that the court has opened the mosque,” the court noted in its order.

Solicitor General (SG) Tushar Mehta, appearing for the Centre, told the court that on Monday, Khan pressured police personnel present during an inspection to open the entire premises. He also said Khan had misrepresented the court’s order of April 12 as a de-sealing order. “He also released a misleading video, wherein he has claimed credit for getting the Markaz mosque, comprising seven floors, opened,” he said, adding that the legislator also released a video claiming that the building has been de-sealed.

The court was hearing a plea by the Delhi Waqf Board seeking the opening of the Markaz.

On Tuesday, the court also declined the prayer of senior counsel Ramesh Gupta, appearing for the board, for re-opening the mosque for 50 people to offer prayers on the first day of Ramzan, saying it cannot issue any direction without seeing what the Centre says in its affidavit. “...once the court allows, controlling the number will be difficult,” said justice Gupta, adding that she would “see” it on April 15, the next date of hearing. The court allowed five nominated persons to offer prayers, as submitted by the Centre. SG Mehta, along with advocate Rajat Nair, also representing Delhi Police, opposed the prayer and told the court that according to an April 10 order of the Delhi Disaster Management Authority, all gatherings, including political, social, religious or any other congregation, are prohibited in the city.

Mehta also said that the last time the court had ordered re-opening of the mosque on Shab-e-Baraat, over 500 people had gathered though the court only allowed 50 people.

Senior advocate Ramesh Gupta, representing the board, however, disputed the claim. He also said that religious congregations are being allowed while stating that 3.5 million people took a dip in the Ganga during the Kumbh Festival. Mehta said that he would submit any video of that day if it is available.

The Centre on March 24 told the Delhi high court that 50 people chosen by the state waqf board and whose names are given to the local police station can be permitted to offer prayers at the mosque in the Nizamuddin Markaz on the Shab-e-Barat.

Meanwhile, the court asked the Centre to file an affidavit as to whether the DDMA order was being implemented across the board. The court also asked authorities to file a response to the plan submitted by Delhi Waqf Board for holding prayers during the month.