Delhi HC allows mosque in Nizamuddin markaz to reopen for Shab-e-Baraat

The Delhi high court on Wednesday allowed the reopening of all four floors of the Banglewali Masjid in the Nizamuddin Markaz complex in south-east Delhi for the festival of Shab-e-Baraat (March18-19), while also doing away with a Delhi Police imposed cap on the number of people who can offer prayers at the mosque.

“It is agreed that the management will ensure that while allowing devotees on a particular floor, all Covid protocols and social distancing will be followed,” justice Manoj Kumar Ohri said.

He also questioned the rationale in limiting the number of people at the mosque and said, “Whose guesswork was it? Has there been a restriction on the number of people? Where is the order of restrictions on the number? Once they say that they will maintain Covid protocols, then it is fine... It should be left to the wisdom of the devotees.”

The Markaz building in Nizamuddin has remained sealed since March 2020, over alleged violations of Covid-19 protocol during the Tablighi Jamaat conference held there that month. On April 15, 2021, the court allowed 50 people to offer prayers at the masjid complex, during the festival of Shab-e-Baraat.

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This year, the Delhi Waqf Board again moved an application seeking the reopening of the entire masjid complex for Shab-e-Baraat and the holy month of Ramzan. On Monday, the Union government counsel Rajat Nair said the petitioners may move an application before the relevant authorities, requesting the reopening of the mosque, and it would be considered.

An application was so moved by the waqf board and the station house officer of the Hazarat Nizamuddin police station on Tuesday allowed its request but with certain conditions, including a cap of up to 100 on the number of people who can pray there at a time.

“Ground+ Three Floors of Masjid Banglewali be reopened at 12pm one day before Shab-e-Baraat and will be closed on the next day of Shab-e-Baraat at 4pm,” the police said in its order, adding that only fully vaccinated or asymptomatic people will be allowed on the premises.

The order also stated that no Tablighi activity will be permitted in the building and all activities, during the time the mosque is open, must be video recorded and the footage handed over to the SHO.

“However, if any devotee of foreign origin or OCI card holder intends/insists to offer namaz at Masjid Banglewali, then his identity details, i.e photocopy of his passport/OCI card along with a photocopy of any other available photo identity card, will be taken by the management and the same will be submitted to the SHO,” the police said in the letter to the Delhi Waqf Board.

It was agreed by the petitioners that the management will put up a board at the entry gates of the masjid, specifying the above-mentioned restrictions.

However, the court on Wednesday removed the cap on the number of people offering prayers, and also modified some of the conditions after the waqf board and the Markaz management raised objections.

Senior advocate Rebecca John and Sanjoy Ghose, appearing for the Markaz management and the waqf board, respectively, objected to the videographing of devotees and said such surveillance on prayers should not be permitted.

On this, the court said since CCTV cameras are already installed on the premises, there was no further need for more cameras.

On the objection of the petitioners that no Tablighi activity be allowed, it was agreed that the opening of the mosque will be restricted only for the purpose of offering prayers on the occasion of Shab-e-Baraat.

The reopening of the mosque for Ramzan will be considered by the court on the next date of hearing on March 31.

Except for the Masjid Banglewali, the rest of the Markaz complex, comprising the Madarsa Kashif-ul-Uloom and attached hostel, continues to remain locked.

Several FIRs were registered under the Epidemic Diseases Act, the Disaster Management Act, the Foreigners Act and various provisions of the penal code in connection with the Tablighi Jamaat event held at the Nizamuddin Markaz and the subsequent stay of foreigners there during the Covid-19 lockdown in 2020.