Delhi High Court Permits Upto 50 People To Perform Namaz In Nizamuddin Markaz Masjid During Ramdan

In the lack of any affidavit clarifying its stand on the issue by the Centre and the Delhi Police as directed by the court earlier, the Delhi High Court today permitted upto 50 persons to offer namaz 5 times a day in Bangley Wali Masjid of Nizamuddin Markaz in Delhi, which was shut since Mar 23 last year due to several FIRs against a Tablighi Jamat congregation amid the Covid-19 pandemic.

The order has been passed by a Single Judge bench of Justice Mukta Gupta on a plea moved by the Delhi Waqf Board seeking permission for performance of prayers during the month of Ramdan.

Until now, only 5 persons were permitted per day to offer prayers in the masjid.

While passing the order the Court directed that the Standard Operating Protocol of the Delhi Disaster Management Authority dated Apr 10 would have to be abided by.

Adv. Rajat Nair appearing for the Centre and Delhi Police prayed before the Court that the order should be subject to any other orders passed by the competent authorities, "as orders are expected today" on the issue of congregations in religious places.

Upon this the Court has ordered that its order will be subject to any other notification with respect to religious places and gatherings passed by the competent authority.

However, Sr. Adv. Ramesh Gupta appearing for the Delhi Waqf Board insisted that right now upto 50 persons were permitted on 1 floor only which was operational, there are more floors in the masjid and atleast 50 persons may be permitted on each floor.

Opposing the demand, the Centre submitted, "These restrictions are applicable across the board, they are not just for 1 premises."

Justice Gupta said to the counsel for the Board in this regard, "You shall be free to file an application in this regard before the competent authority."

She added, however, that "this order had to be passed only because other places are open, but you must understand that the situation in Delhi is grim."

The Centre and Delhi Police had been directed on the previous hearing to state on affidavit their stand on the issue, however, the same was not filed today.

The court relied on a DDMA notification of June 2020 which is still in force, and noted that while the notification restricted religious congregations, there was no restriction on religious places, and therefore, while other religious places functioned on a particular permitted capacity, the court could not disallow the Markaz's application.

Earlier, in its inspection report, the SHO, Hazrat Nizamuddin Police Station had submitted before the court that only upto 20 people could be accommodated inside the mosque while maintaining social distancing as per Covid-19 safety protocol.

A joint inspection of the premises had been ordered by the court.