Delhi High court asks Centre to come with clear instructions on opening of mosque at Markaz premises

New Delhi [India], March 11 : The Delhi High Court on Friday asked the Central Government's counsel to come up with clear instructions as to which portion of Masjid Bangle Wali at Markaz can be opened for devotees to offer namaz. The Court has listed the matter for hearing on Monday.
Public entry was banned at the Nizamuddin Markaz in the aftermath of Tablighi Jamaat members testing positive for COVID-19 in 2020.
The counsel for the Centre submitted that they have no objection to the opening of the first floor of the masjid for offering the namaz during Shab-e-Barat and Ramzan after that the premises would be handed back to the petitioners.
Earlier Centre had submitted that the offering of namaz by five people were allowed earlier. This can be done this year also in the religious festival.
Justice Manoj Kumar Ohri asked the Central Government Counsel Rajat Nair, "why only for religious days, why not for all days, if there is a clear demarcation of the masjid and there is no restriction on the number of people by Delhi Disaster Management Authority (DDMA)."
Advocate Nair submitted that there is no problem with the opening of the first floor. If the petitioner is seeking the reopening of the entire premises, then I have an objection and have a submission to make, Nair said.
Justice Ohri asked, "why only first floor if there are four floors in the Masjid? Come with clear instructions on Monday."
The counsel for the applicant/petitioner Delhi Waqf Board placed on record the order of February 26, 2022, issued by DDMA withdrawing all the COVID-19 restrictions.
Advocate Wajeeh Shafiq, the counsel for the applicant argued that the Markaz premises should be reopened according to the recent order issued by DDMA. "What DDMA has said about other religious places will govern this place also. It has been lying closed since 2020," Shafiq said.
He submitted that there was a joint inspection pursuant to this court order in which the entire premises was demarcated as a residential complex, Masjid Bangle Wali and Hostel.
He also submitted that there are seven floors in the masjid. "It is difficult to understand why the Central government wants to put all the devotees only on the first floor. Why these restrictions are imposed on religious places in the national capital," he said.
Senior Advocate Rebecca John appearing for the Management committee argued that there is no reason why there should be a restriction on the opening of the premises.
Advocate Nair submitted that the Markaz was close pursuant to FIR and it is a case of property. There is 1500 FIR. Besides, it is not clear who is the rightful owner of the premises. The locus of the claimant is to be decided.
Delhi Waqf Board to place on record the recent order of DDMA 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 Ramzan.
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 February 26, 2022.
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 Bangle 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.
In the affidavit filed through advocate Amit Mahajan and Rajat Nair, the Central government had submitted that no case of interference is made out by the petitioner Delhi Waqf Board.