New Delhi: The Central government has now responded to a plea in the Delhi High Court seeking the reopening of the Nizamuddin Markaz here, saying that it is "necessary for the premises to be preserved" as the case involving the site had "cross border implications" and is linked to "diplomatic relations with other countries".
The Centre's response came on the plea filed by the Delhi Waqf Board, which sought the reopening of the premises, which were under lock and key since the Covid outbreak there was discovered and has been locked despite the DDMA's orders to allow religious places to function.
While the Centre has argued that the case is very important and hence the premises considered to case property in such a case should be preserved, it also justified locking up the premises by saying that five prayers a day were now allowed in the mosque area for five people.
"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 relationships 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 Centre said in its affidavit.
The Centre went on to add that the petitioner's fundamental right under Article 26 was only obstructed for a short period and that too due to public order considerations and hence it cannot be said to be violative of the Constitution.
And as far as the fundamental right to practice one's religion is concerned, the Centre justified the locking of the premises by saying that prayers for five people a day have already been allowed in a section of the premises.
Submitting these arguments, the Centre has told the Delhi High Court that the petition in this case is not maintainable under Article 226.
The petition of the Delhi Waqf Board said that the Nizamuddin Markaz premises continue to remain under lock and key despite government guidelines allowing religious places to function. It added that several of its representations in this regard to government authorities went unanswered, after which they approached the court.
The Waqf Board here has argued that even if the premises were under investigation, there should be compartmentalisation to preserve evidence and allow the premises to resume functions at the same time.
Most of the criminal charges against foreign national Tablighi Jamaat have been dropped by courts with strong remarks against the Delhi Police's probe.