Nizamuddin Markaz case has cross border implications, Centre tells Delhi HC

The case registered in relation to the alleged violation of Covid19 protocols at Nizamuddin Markaz where the Tablighi Jamaat congregation was held in March last year amid Covid19 pandemic is serious and has cross borders implications the Centre told the Delhi High Court which on September 13 remarked that the premises cant be kept locked foreverJustice Mukta Gupta who was hearing the Delhi Waqf Boards plea to reopen the markaz which has remained shut since March 31 last year questioned the Centre as to how long it intended to keep the Nizamuddin Markaz locked saying it cant be kept foreverCounsel for the Centre stated that a legal action to reopen the markaz can only be initiated by the lessee of the property and a resident of the premises has already filed a plea to handover the residential portion of the markaz which is pending final adjudication before another judge of the high courtOnly on legal view the petition can be disposed of The Waqf Board has no power to overstep the lessee said the counsel for the Centre Rajat Nair However the judge said some persons were in possession of the property Due to the pandemic an FIR was registered and you take possession as case property It has to be handed over It cant be that the property is kept forever subject to court orders What is your stand on the facts of the case You tell me from whom you took it How long will you keep it locked as case propertyThe court issued notice on an application filed by a member of the Managing Committee of the markaz in question for his impleadment and allowed the Waqf Board to file its reply to the Centres affidavit and posted the matter for the next hearing on November 16Senior counsel Ramesh Gupta representing the Board argued that the petition has remained pending for more than a year and a half and clarified that his petition pertained to the release of the entire markaz property comprising the masjid the madarasa and the residential portion Now they should release the property to us UOI has no role to play he statedSenior counsel Salman Khurshid representing the intervening member added that he is iqueston the same page as the Waqfiquest and when allowed to be reopened the markaz would adhere to the relevant protocols In its affidavit affirmed by the Deputy Commissioner of Police Crime the Centre has maintained that it is necessary and incumbent to preserve the Markaz property as the investigation in the case registered for violation of the Covid19 protocols has cross borders implications and involves nations diplomatic relationship with other countriesAs such in view of the seriousness of the case which has transborder implication and diplomatic consideration it is just and necessary that the case property in such a case is preserved in letter and spirit so that due process of law in dealing with such cases is followed the affidavit saidSince about 1300 foreigners were found to be residing in the said premises and cases against them have cross borders implications and involves nations diplomatic relationship 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 CrPC it addedIt said since the issue of keeping the markaz premises locked is pending adjudication before another bench it cannot be agitated by the petitioner Waqf in guise of its power of superintendence It added that the right to administer the markaz is subject to law public order and health and that the authorities have always relaxed the entry norms upon a proper application made by the person administering the religious affairiquest as and when the organizers apply for relaxation in view of any ensuing religious festival or for any other reasonOn April 15 the court had allowed 50 people to offer namaz five times a day at Nizamuddin Markaz during Ramzan saying there is no direction in the Delhi Disaster Management Authority DDMA notification to close down places of worshipThe board in its plea filed through advocate Wajeeh Shafiq contended that even after unlock1 guidelines permitted religious places outside containment zones to be opened the markaz comprising the Masjid Bangley Wali Madarsa Kashifululoom and attached hostel continues to be locked upAlso Read130 children hospitalised in West Bengals Jalpaiguri with fever dysentryIt has further contended that even if the premises was part of any criminal investigation or trial keeping it under lock as an out of bound area was a primitive method of enquiry process Several FIRs have been registered under the Epidemic Diseases Act the Disaster Management Act Foreigners Act and various provisions of the penal code in connection with the Tablighi Jamaat event held at the markaz and the subsequent stay of foreigners there during the Covid19 lockdown last yearThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness 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