Open Nizamuddin Markaz for all devotees on Shab-e-Barat: Delhi HC

“It is agreed that while allowing devotees on a particular floor, the Covid protocol and social distancing norms will be maintained,” said Justice Manoj Kumar Ohri in an order after hearing Delhi Waqf Board’s petition seeking an easing of restrictions at the Markaz.

Questioning the reasoning behind putting a limit on the number of devotees and other conditions imposed by police, Justice Ohri asked, “Where is the (DDMA) order that there has to be a restriction in numbers, in which place? Once they say they will maintain all Covid protocols, they will maintain it. It should be left to the wisdom of the devotees that they will maintain Covid protocol. Whose guesswork (the number) is this? There has to be some rationale to it.”

Police argued the number is based on a “rough calculation”, and a “fair estimate” has been made keeping in view the social distancing norms. However, it also submitted that the number can be increased to 130-140. Senior advocate Sanjoy Ghose, representing the Waqf Board, submitted that the DDMA guidelines will be followed.

In response to an application moved by the Waqf Board before police seeking permission for holding prayers on Shab-e-Barat and Ramzan, the SHO of Hazrat Nizamuddin police station, in the permission given to the board, said, “Ground + three floors of Masjid Bangley Wali be reopened at 12 pm one day before the Shab-e-Barat and will be closed on the next day at 4 pm.”

Police also said that only fully vaccinated people or asymptomatic persons will be allowed on the premises. Regarding the entry to foreign citizens and OCI cardholders on the Markaz premises, police said they will not be allowed inside but also clarified that in case they intend or insist on offering prayers there, their identity details including a photocopy of the passport or OCI card will be taken by management and submitted to the SHO.

Though the police order also said that no “Tablighi activities” will be permitted during the reopening period, the court in the order deleted and replaced it, saying that the reopening is only for holding namaz and other religious prayers.

The court in its order also said police conditions regarding maintaining a separate register at the main entry for maintaining records of devotees or visitors will stand deleted. On CCTVs, the court said there is no requirement of installing more on the premises.

Police have also said that all the activities during the reopening will be recorded and the footage will be produced before the SHO. However, the court clarified that the footage will be submitted only if required.

Senior advocate Rebecca John, representing the Waqf Board, had argued that the conditions imposed by police amounted to “surveillance of the highest order” and such restrictions have not been placed on any other place of worship. “This is extremely humiliating,” John had argued.

Last year, only 50 persons were permitted to hold prayers at the mosque on Shab-e-Barat. The permission then was granted based on a court order.