Necessary To Preserve Nizamuddin Markaz Premises In View Of Cross Border Implications: Centre Tells Delhi High Court In Plea For Reopening

The Centre has informed the Delhi High Court that it is necessary to preserve the premises of Nizamuddin Markaz, which has been locked since March 31 last year, as the case involves cross border implications and diplomatic relations with other countries.

Public entry was banned at the Nizamuddin Markaz in the aftermath of Tablighi Jamaat members testing positive for Covid-19 last March.

The aforesaid submission came in an affidavit filed by the Centre through Ministry of Home Affairs, in the plea filed by Delhi Waqf Board for the reopening of the Markaz situated in New Delhi.

"It is submitted that since about 1300 foreigners were found to be residing in the said premises and cases against them have cross borders implications and involves nation's diplomatic relationship with other countries, it is necessary and incumbent on the part of the Respondent to preserve the said premises for the purpose of Section 310 of Cr.PC," the affidavit reads.

Furthermore, it adds:

"As such, in view of the seriousness of the case which has trans-border implication and diplomatic consideration, it is just and necessary that the case property in such a case is preserved in letter and spirit so that due process of law in dealing with such cases is followed which also includes the procedure contemplated under Section 310 of the Code of Criminal Procedure."

The Centre has 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.

On the issue of infringement of fundamental right under Article 25 (Freedom of conscience and free profession, practice and propagation of religion), the Centre has informed that since a minimum number of persons are already allowed to offer prayer in the Masjid, numbers of which are relaxed when important religious festival are celebrated, no fundamental right can be said to be infringed.

"It is submitted that, as stated above, the concerned authority has already allowed 5 persons to offer namaz 5 times a day in the said premises. As such, there is no abrogation of Article 25 in the present case giving cause to the Petitioner to maintain the present writ petition," the affidavit reads.

Stating that there has been no violation of any fundamental rights in the present matter, the Centre has further said that the petition cannot be said to be maintainable under Article 226.

Public entry was banned at the Nizamuddin Markaz in the aftermath of Tablighi Jamaat members testing positive for Covid-19 last March.

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.

Delhi Waqf Board was represented by Sr. Adv. Ramesh Gupta and Standing Counsel for Delhi Waqf Board, Adv. Wajeeh Shafiq.

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