Centre opposes city Waqf Board plea in Delhi High Court seeking reopening of Markaz premises, terms it 'case property'

New Delhi [India], March 4 : The Centre on Friday opposed the Delhi Waqf Board plea in Delhi High Court seeking the reopening of the entire premises of Markaz at Nizamuddin and argued that the premises is a "case property".
Centre said that some people may offer prayer during shab-e-barat and Ramzaan. Delhi Waqf Board has moved a plea for reopening of Markaz premises in view of the recent guidelines issued by DDMA.
The Delhi High Court asked the Delhi Waqf Board to place on record the recent order of the District Disaster Management Authority on the application seeking reopening of Markaz premises at Nizamuddin.
Board has approached the High Court seeking reopening of Markaz in view of Shab e-Barat and the coming month of Ramzaan.
Justice Manoj Kumar Ohri asked the Board to place on record the recent order of February 26, 2022, passed by the Delhi Disaster Management Authority (DDMA) withdrawing the COVID-19 restrictions.
The High Court has listed the matter on March 11 for further hearing. The application has been moved in an ongoing petition.
Advocate Rajat Nair the counsel for the Central Government submitted the applicant has no locus in this matter. His rightful occupant is not before the court.
He further argued that the offering of 'namaz' by 5 people were allowed earlier. This can be done this year also in the religious festival.
"If they are seeking the reopening of the entire premise, then I have objection and want to make my submission before the court," the counsel argued. He said the said premises is "case property".
Advocate Wajeeh Shafiq, counsel for the applicant argued that the Markaz premises should be reopened according to the recent order issued by DDMA.
He further argued that the DDMA has withdrawn all the restrictions in its order of 26 February. He submitted that the Markaz premises is under the lock of Delhi Police. It should be reopened in view of the festival of Shab e-Barat and the coming month of Ramzaan for religious purposes.
The counsel for the applicant submitted that the people in limited number were allowed during the first phase of the pandemic. At the time they were preventing the large gathering and other activities. Now the DDMA has withdrawn all the restrictions through its order of 26 February 2022.
Centre had told the Delhi High Court that Delhi Waqf Board does not have any locus standi on its petition seeking to reopen the Nizamuddin Markaz where the Tablighi Jamaat congregation was taken place in March 2020 and said it is necessary that the case property shall remain preserved as it has trans-border implication and diplomatic consideration.
In the affidavit filed through advocate Amit Mahajan and Rajat Nair, the Center government had submitted that no case of interference is made out by the petitioner Delhi Waqf Board.
The affidavit filed by the Centre through the Ministry of Home Affairs said that the present petitioner Delhi Waqf Board has no locus to maintain the present petition and as such the present petition is liable to be dismissed on the ground of maintainability only.
It had also said that the respondents have always relaxed the entry norms upon a proper application made by the person administering the religious affair in Masjid Bangley Wali to the concerned SHO.
Petitioner Delhi Waqf Board through advocate Wajeeh Shafiq, has sought to reassess the necessity of keeping the waqf premises, situated at Basti Hazrat Nizamuddin between Dargah Hazrat Nizamuddin and police Station Hazrat Nizamuddin, under their locks.
The petition said that the respondents have put the waqf premises Masjid Bangley Wali, Madarsa Kashif-Ul-Uloom and the attached hostel situated as Basti Hazrat Nizamuddin, Delhi under their locks since March 31 2020. It is submitted that the premises is popularly known as 'Markaz' and has been used for religious purposes.