Will consider allowing prayers at Markaz Nizamuddin mosque during Ramadan if application is filed: Centre to Delhi HC

“No adversarial stand will be taken. I don’t think my learned friend (counsel representing Delhi Waqf Board) will have any grievance if they make an application. The permission would be for the festival days – the Shab-e-Barat and the whole month of Ramadan, and not for all the days,” submitted Advocate Rajat Nair before the bench of Justice Manoj Kumar Ohri on behalf of the central government and police.

The submission was made during the hearing of Delhi Waqf Board’s petition for easing restrictions at Markaz Nizamuddin, where public entry was banned in connection with the Covid-19 pandemic in 2020. The court has listed the case for next hearing on Wednesday. The counsel representing the Waqf Board and the Markaz management told the court that the application seeking permission will be moved immediately before the police.

The Centre last week had told the court that the first floor of the mosque can be set open for prayers by the general public but objected to the use of all floors for offering prayers. The court had asked it to come with clear instructions.

On Monday, at the outset of the hearing, the Centre referred to the arrangement made last year for the month of Ramadan during which 50 persons were allowed to perform the five times’ namaz on the first floor, and further submitted that the court in April 2021 also had given the Waqf Board the liberty to approach the SHO of Nizamuddin police station for operationalising other three floors. The number can be increased this time, it told the court.

The union government also referred to the case against Tablighi Jamaat members and management of Markaz Nizamuddin. When it referred to the restriction on Tablighi work by foreign nationals in India and the violation of VISA norms by those outsiders who had attended the congregation at Markaz Nizamuddin in 2020, the court asked whether that has anything to do with the premises in question. “It is not those foreign nationals will go or are wanting to come to offer prayers,” observed Justice Ohri.

Senior Advocate Sanjoy Ghose, representing the Delhi Waqf Board, told the court that the application before police was not made then since Delhi had witnessed a rise in the number of cases and further argued that since April 2021, there has been a total change in the Covid-19 situation.

Senior Advocate Rebecca John, representing the Markaz management, told the court that an FIR was registered against them but no chargesheet has been filed till date. “A simple question needs to be asked. Under which provisions have they taken away the keys? Is there any seizure memo? Nothing exists. Simply keys were taken and we were ousted from the premises,” John argued, adding that the residential portion of the premises has been restored on court orders.

John also argued that there should be no discrimination and asked why the “special restriction” exists on the mosque. Ghose argued that the Waqf Board as a statutory body is conscious of its responsibilities and is willing to undertake any conditions which the court may impose.

“I am Delhi Waqf Board. No fly-by-night operator or some terrorist or anti-national has come here. Delhi Waqf Board has come here. We are discharging responsible statutory functions,” submitted Ghose.

Regarding the Centre’s submission that the premises is case property, Ghose submitted, “They are saying this is a case property. There has been a shootout at Rohini court. Tomorrow they will say shut the Rohini court because it is a case property. What kind of argument is this? The whole place has been videographed and jointly inspected. How can they shut this as case property for two years? I am saying forget the other parts, only allow the religious prayers to be done. It is astounding that the government can oppose a request like this.”

After conveying to the court that the mosque can be reopened in accordance with Covid guidelines issued by the Delhi Disaster Management Authority (DDMA), the Centre on March 4 had opposed the re-opening of the entire premises – and said only a few police-verified persons may be permitted to offer prayers. The DDMA last month had lifted all Covid restrictions in the national capital.

The Waqf Board in the petition filed through advocate Wajeeh Shafiq in February 2021 submitted that Masjid Bangley Wali, Madarsa Kashif-ul-uloom, and the attached hostel situated at Basti Hazrat Nizamuddin have been locked since March 2020. The Centre told the court the premises has been kept “under lock and key” in view of the fact that the Markaz management is itself under investigation in the case registered in 2020 by the Delhi Police’s Crime Branch in connection with violation of Covid guidelines.