Tablighi Jamaat Congregation: Delhi HC Directs Police To Handover Keys Of Residential Premises In Nizamuddin Markaz To Maulana Saad's Mother

Dealing with a plea moved by Tablighi Jamaat Chief Maulana Saad's mother, the Delhi High Court on Monday directed the Police to handover keys of her family's residential premises in the Nizamuddin Markaz which was locked by the Police since last one year in view of Tablighi Jamaat congregation for the purpose of sanitization and disinfection by the authorities.

Justice Yogesh Khanna was dealing with a plea moved by Khalida challenging a lower court's order denying access to her residence, whose keys remain with the Police officials since April last year.

Directing the police to hand over the keys to her within two days, the Court clarified that the occupants of the residential premises will not enter any non residential portion of the said property.

The Court also took note of the fact that there was no order with regards to sealing or seizure of the said premises and that it was locked since April last year.

The Court also issued notice in the matter thereby seeking response of Delhi Government, Delhi Police and SDM, Defence Colony, New Delhi.

Moved through Advocate Fuzail Ahmad Ayyubi, the plea submitted that she was not made aware by the authorities about the reasons to prevent her from entering or accessing her own residence as a result of which the entire family was compelled to reside at the place of their friends and relative.

"The lower court failed to appreciate the fact that the residential house of the Petitioner is not case property and is not needed for purposes of any local inspection to be carried out by the Court. The offence if any was committed in the markaz premises which is separate from the four storied residential premises of which the Petitioner seeks de-sealing," the plea reads.

In view of this, the plea additionally sought setting aside of the impugned order.

Title: Khalida v. State (GNCTD) & Ors.