HC directs Delhi Police to return keys of Nizamuddin Markaz
The Delhi High Court on Monday rebuked the Delhi Police over the continuing restrictions at Tablighi Jamaat headquarters in Delhi's Nizamuddin since March 2020. The single-judge bench of Justice Jasmeet Singh directed the Delhi Police to hand over the keys of Markaz Nizamuddin to chief Maulana Saad, from whom the possession was taken after filing a case against the management for violating COVID-19 norms.
Why does this story matter?
- Tablighi Jamaat, which urges Muslims to lead a life similar to how followers did during the time of Prophet Muhammad, hosted an event at Markaz in March 2020.
- It was attended by thousands from India and over 200 foreigners from countries with a comparatively high number of cases then.
- The attendees traveled back to their native places, carrying infection and possibly creating clusters.
Prayers in mosque allowed, madrasa, hostel remain locked
Earlier this year, during the month of Ramzan, the court allowed prayers on all five floors of the Masjid Bangleywali. The plea was moved by the Delhi Waqf Board in 2021 challenging the restrictions on public entry at the mosque. The Waqf Board's counsel, senior advocate Sanjoy Ghose, submitted that although the mosque is reopened, the adjoining madrasa and hostel remain locked.
Saad still absconding, Delhi Police's counsel tells court
The bench told the police that they must return the possession to the person from whom it was taken. The counsel for the Delhi Police, Rajat Nair, submitted that under the Delhi Waqf Act, the original possessor must come forward to take possession of the property. The petitioner in this case, Waqf Board is not the manager or mutawalli, but Saad, who is absconding.
What did the court say?
The court slammed the police saying, "Are you in possession? In what capacity have you taken possession? The FIR was registered under the Epidemic Diseases Act... that is over now." Justice Singh said that if the Delhi Police says nothing survives in this petition, they should "do away with locking," reported LiveLaw. The bench clarified that it wasn't adjudicating the property's title.
Can hand over property if indemnity bond is given: Police
Nair told the court that the Delhi Police had no problem in handing over the property to Saad if he furnished an indemnity bond. On this, the court observed that no documents need to be submitted for this purpose.
