Delhi HC allows reopening of Markaz mosque during Ramzan, overrules police order restricting prayers to four floors

While hearing the Delhi Waqf Board’s petition for easing of restrictions at the Markaz, Justice Jasmeet Singh questioned the police restriction on the use of all floors, and asked whether, in Covid times, devotees spread over five floors is better or limiting them to four floors. “Is there any reason, tell us?” asked Justice Singh.

Senior advocate Sanjoy Ghose, representing the Waqf Board, argued that no other religious place has these restrictions. The Delhi Police told the court that the premises is case property and has been “preserved for inspection” in pending FIRs.

Advocate Rajat Nair, representing the Centre, submitted that only the ground floor is the mosque as per the site plan. However, the court said the joint inspection report prepared by police along with the Waqf Board and the Markaz management makes it clear that other floors are also part of the mosque.

Police Thursday had told the Waqf Board that the mosque will be permitted to reopen during the month of Ramzan with the same terms and conditions laid down by the High Court on March 16 for Shab-e-Barat.

Almost two years after Markaz Nizamuddin was locked and public entry was prohibited in connection with a case alleging violation of Covid norms, the High Court had said that devotees, irrespective of their number, be allowed to offer prayers on Masjid Bangley Wali’s four floors — ground and three other floors — on Shab-e-Barat.

For the ocassion of Shab-e-Bharat, the court had removed the 100-person limit at 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.

Lawyer Rajat Nair, appearing for Delhi police and central government, opposed the grant of permission to offer prayers on the fourth floor and said that mosque was only restricted to the ground floor which is borne out of the site plan.

“If there are more floors, there is more space… If there is a reason (to oppose opening of the fourth floor), tell us. More surface area, better it is. More area is always conducive,” the court remarked.

Police earlier had also said that less than 100 persons would be permitted on each floor. Last year, only 50 people were permitted to hold prayers at the mosque on Shab-e-Barat and during Ramzan. The permission then also was granted based on a court order.

The court Friday also directed that a CCTV camera be installed at the entrance and exit of the mosque as well as on each staircase, adding that it shall be the responsibility of the Markaz management to ensure that the cameras remain functional.

The Waqf Board in the petition filed through advocate Wajeeh Shafiq in February 2021 has submitted that Masjid Bangley Wali, Madarsa Kashif-ul-Uloom, and the attached hostel situated at Basti Hazrat Nizamuddin have been locked since March 2020. The Centre had told the court that the premises has been kept “under lock and key” in view of the fact that the Markaz management is itself under investigation in the case registered in 2020 by the Crime Branch in connection with alleged violation of Covid guidelines.