Nizamuddin Markaz allowed to reopen, HC eases police's curbs

New Delhi: The Delhi High Court Wednesday allowed the reopening of three floors of Nizamuddin Markaz, where the Tablighi Jamaat congregation was held in March 2020 amid the COVID-19 pandemic and has remained shut since then, to enable devotees to offer prayers during Shab-e-Barat.

Justice Manoj Kumar Ohri removed the restriction of 100 people on one floor and said it has been agreed that the management of the mosque will ensure that COVID-19 protocols and social distancing will be followed while allowing devotees to enter the mosque to offer namaz.

While Delhi Police had imposed various conditions to be followed during the reopening of the Markaz on the occasion of Shab-e-barat, several of them were modified during the court hearing with mutual agreement between the police, Delhi Waqf Board and the management committee of the mosque.

The court noted that the ground floor and three other floors of the mosque building will be opened at 12 PM one day prior to Shab-e-Barat, which is on March 18, and will be closed the next day at 4PM.

The court, which was hearing an application by the Delhi Waqf Board seeking to open the mosque in view of Shab-e-Barat and Ramzan in March and April, listed the matter for March 31 to decide on the issue of reopening the mosque during Ramzan which will begin from April 2.

Regarding the condition imposed by the police that foreign citizens and OCI cardholders will not be allowed inside the premises and if some such person intends to offer namaz at Masjid Bangley Wali, his identity details along with ID proof will be taken by the management and submitted to the SHO, the management said it a notice will put on the display board at the entry gate specifying this restriction.

While the police, through advocate Rajat Nair, initially said no Tabligh activities will be permitted during the reopening period, it was later agreed between the parties that the opening of the mosque will be restricted only for offering prayers.

The court was informed that CCTV cameras have already been installed at the entry and exit points of the premises and the management will ensure that there will be screening of devotees with hand-held thermal scanners at the entry point.

As senior advocates Sanjoy Ghose and Rebecca John, representing Delhi Waqf Board and the managing committee of the mosque respectively, initially submitted that the police letter was silent on the arrangement to be made during Ramzan, Nair said the modalities for that will be worked out after Shab-e-barat.

The petition had 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 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 attached hostel — continues to be locked up.