New Delhi: The Union government on Friday, March 4 opposed, before the Delhi high court, fully re-opening the Nizamuddin Markaz, stating that a few people may be allowed to offer prayers on upcoming religious occasions.

The markaz is where the Tablighi Jamaat congregation was held in March 2020, amidst the COVID-19 pandemic. It has remained shut since then,

The government's counsel, Rajat Nair, told Justice Manoj Kumar Ohri, who was hearing a plea by the Delhi Waqf Board to open the mosque in view of Shab-e-Barat and Ramzan in March and April, that the mosque is a case property and the petitioner board has no locus to seek its re-opening.

Nair said that on earlier occasions, a concession was given to allow a few people to offer prayers, subject to conditions and that there was no objection with respect to such an arrangement this time as well.

The counsel appearing for the petitioner said that the mosque, which is under the lock of the Delhi Police, should be opened as the Delhi Disaster Management Authority (DDMA) has now lifted all restrictions that were imposed on account of the pandemic.

The judge listed the case for hearing next week and asked the petitioner to bring the DDMA order on record.

Also Read: From the Kumbh to Ramzan, Contrasting Court Orders in COVID Times

Several FIRs were registered in connection with the Tablighi Jamaat event held at the Nizamuddin Markaz and the subsequent stay of foreigners there during the COVID-19 lockdown last in 2020 under the Epidemic Diseases Act, the Disaster Management Act, Foreigners Act and various provisions of the Indian Penal Code (IPC).

In its application filed, through advocate Waqeeh Shafiq, the petitioner has said that last year during the two occasions in question – Shab-e-Barat and Ramzan –  the high court had permitted prayers in the mosque.

It has said the current strain of COVID-19, Omicron, was not as severe and fatal as the Delta variant and as the conditions have improved, physical hearings of all courts have resumed, schools, clubs, bars and markets have also reopened, therefore, there is no impediment to the direct reopening of this waqf property.

The application was filed in the Board's petition, which has sought the reopening of the premises and contended that even after Unlock - 1 guidelines permitted religious places outside containment zones to be opened, the Markaz – comprising the Masjid Bangle Wali, Madarsa Kashif-ul-uloom and an attached hostel – continues to be locked up.

It has stated that even if the premises was part of any criminal investigation or trial, keeping it "under lock as an out-of-bounds area" was a "primitive method" of the enquiry process.

Last year, the court had questioned the Union government as to how long it intended to keep the Markaz locked, saying it can't be kept that way forever.

In its affidavit, affirmed by the Deputy Commissioner of Police, Crime, the Union has told the court that it was necessary to preserve the Markaz property as the investigation in the case registered for violation of the COVID19 protocols has cross-border implications and involves the nation's diplomatic relationship with other countries.

On April 15, 2021, the court had allowed 50 people to offer namaz five times a day at the Markaz during Ramzan, saying there is no direction in the DDMA notification to close down places of worship.

(PTI)

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