Plea To Reopen Nizamuddin Markaz: Delhi High Court Orders Joint Inspection To Demarcate Worship, Congregation & Residential Areas

The Delhi High Court on Tuesday ordered for a joint inspection to be carried out at the Nizamuddin Markaz for the purpose of demarcation of the three areas namely the religious place (Masjid) where people offer namaz, the place where congregation take place and the residential area which has a hostel.

This will enable proper implementation of the orders passed by Delhi Disaster Management Authority amid Covid-19.

Justice Mukta Gupta was dealing with a petition filed by the Delhi Waqf Board seeking to ease restrictions at the Nizamuddin Markaz, which has been locked since March 31 last year.

"Since the guidelines of the DDMA in relation to these three areas are distinct and are required to be followed, a joint inspection by the Delhi police officers as also the authorised representatives of the petitioners will be carried out so as to demarcate the three areas and thereafter necessary directions for following the DDMA guidelines in relation to the three areas can be carried out," the Court said.

The Court said that there will be five people from both the sides each including the petitioners and the police. It added that the inspection report demarcating the areas shall be filed within a period of 15 days.

During the course of hearing, Senior Advocate Sanjoy Ghose submitted that as per the latest guidelines issued by the DDMA, all the religious places have been opened for visitors. In view of this, it was submitted thus:

"Unfortunately, today this seems to be the only religious place which is remaining in lock and key of the police."

To this, the Court said:

"This place has two three portions. As far as the congregation is concerned, there is still a cap that there will be no religious congregation. Give me what is the area of worship, congregation and hostel. The DDMA orders will apply accordingly. Upto that extent, I think even the Union of India will have no objection."

"Earmark the areas so that one knows. You will have to lay down what are is for what purpose. DDMA order will go accordingly."

With the aforesaid, the matter was posted for further hearing in first week of January.

Earlier, the Centre had informed the Court that it was necessary to preserve the premises of Nizamuddin Markaz as the case involves cross border implications and diplomatic relations with other countries.

It also submitted that the petitioner's fundamental right under Article 26 of the Constitution was curtailed only for a short duration owing to the public order considerations and therefore cannot be said to be ultra vires the Constitution.

The petition stated that the central government vide its guidelines for the phased reopening of public places and facilities after the Covid-19 lockdown, known as "Guidelines for Unlock 1" dated May 30, 2020, allowed for the reopening of a list of religious places outside containment zones from Jun 8, 2020, yet the Hazrat Nizamuddin area was kept outside the list, as it was said to be in a containment zone.

However, even after it was removed from the list of containment zones in September 2020, the Waqf property was still locked.

It was submitted that the entire premise of the Markaz was locked by the local police after the registration of an FIR under the Epidemic Diseases Act, 1897 against a congregation at the Markaz.

The Markaz which was locked on the pretext of getting the area sanitized, has remained shut since March 31, 2020, the plea elaborated.

The petitioner states that even if the premises is involved in any criminal investigation/trial, "instead of following a primitive method of keeping the entire premises under lock as an 'out of bound area' a modern or scientific method" should be adopted by the Delhi Police and government to ensure minimum interference with religious rights.

The board further said that its representations to the government and police in this regard were unanswered and therefore it was moving this petition, praying for a reassessment of the need for keeping the premises locked, adoption of scientific or advanced methods to secure the condition of interiors of the premises for investigation/ trial purposes, and a direction to the police and government to ensure minimum interference with the operation of the Markaz for religious purposes.

Case Title: DELHI WAQF BOARD Through its Chairman v. GOVERNMENT OF NCT OF DELHI & ANR