Delhi HC directs waqf, police to inspect Markaz building to decide on reopening

The Delhi high court on Tuesday directed the Delhi Police and members of Delhi Waqf board to conduct a joint inspection of the Nizamuddin Markaz building to ascertain if it can be reopened with strict adherence to Covid-19 norms.

Justice Mukta Gupta instructed that five members each from the Delhi Police and the petitioners (Delhi Waqf Board) visit markaz complex and apprise the court of the various areas in the building and their purposes. The Markaz building comprises the Masjid Bangley Wali (the mosque), Madarsa Kashif-ul-uloom (the madrasa) and an attached hostel.

The court, while hearing a plea by the Delhi Waqf Board seeking to de-seal the Nizamuddin Markaz building, where a Tablighi Jamaat congregation was held amid the Covid-19 pandemic in March 2020, said it is undisputed that the entire building is divided into three parts and the protocols for each of part would be different.

“Place on record the map that this is the area of worship, this is the area of congregation and this is the hostel area,” the court said.

“Since the guidelines of the DDMA (Delhi Disaster Management Authority) in relation to these three areas are distinct, a joint inspection of by the Delhi Police, including the SHO of the station of concerned, and the authorised representatives of the petitioners will be carried out so as to demarcate the three areas and thereafter necessary directions on following the DDMA guidelines in each of these areas can be determined,” the court said in its oral order.

During the proceedings, senior advocate Sanjoy Ghose, appearing for the waqf board, urged the court that at least the mosque part of the complex must be allowed to be reopened after the inspection and demarcation exercise.

Appearing for the Centre, counsel Rajat Nair said the inspection may be carried out, but a decision can be taken thereafter. He said currently, prayers are being offered and only after the inspection report could it be decided as to which areas should be regulated.

The court granted 15 days to submit the inspection report and posted the matter for hearing to January 12.

The board, in its plea filed through advocate Wajeeh Shafiq, contended that even after Unlock1 guidelines permitted religious places outside containment zones to be opened, the markaz complex continues to be locked up.

It further contended that even if the premises are part of any criminal investigation or trial, keeping it “under lock and out of bounds” was a “primitive method” of inquiry process.

On April 15, the court allowed 50 people to offer namaz five times a day at the Nizamuddin Markaz during Ramzan, saying there is no direction from the DDMA to close down places of worship.

The court allowed namaz to be offered on “the first floor above the basement” of the mosque, making clear that it has to be opened “strictly in accordance” with the DDMA’s April 10 notification and other standard operating protocols.

Several FIRs have been registered under the Epidemic Diseases Act, the Disaster Management Act, Foreigners Act and various provisions of the Indian Penal Code after a Tablighi Jamaat event was held at the markaz, allegedly in violation of Covid-19 protocols, and the subsequent stay of foreigners there during the lockdown last year.