The Delhi High Court on Friday allowed the re-opening of certain areas of the Nizamuddin Markaz, where the Tablighi Jamaat congregation was held in March 2020 amid the Covid-19 pandemic and has remained shut since then, to enable devotees to offer prayers during the month of Ramzan.
Justice Jasmeet Singh, who was hearing a plea by the Delhi Waqf Board seeking a direction to open mosque for the holy month, clarified that no "Tablighi activities" and lectures can take place on the premises and only prayers can be offered. "It is directed that for Ramadan, namaz and religious prayers shall be permitted to be offered on the ground floor and four floors at Masjid Bangle Wali. This arrangement is only for the month of Ramzan culminating with Eid Ul Fitr," ordered the court. "Religious prayers and namaz (are allowed) but no Tablighi activities. Let's not dilute it. There will be no lectures. Prayers can be made. But no lectures," the court stated.
It added that the instant permission was in continuation of the March 16 order which imposed various conditions for reopening of the premises for Shab-e-Bharat.
The court further directed installation of CCTV cameras at the entry, exit and stairs of each floor of premises and said that it shall be responsibility of markaz management to ensure that cameras are fully functional during period of Ramzan. For Shab-e-Bharat, court had removed the 100-person limit for one floor and said it has been agreed that 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 fourth floor and said that mosque was only restricted to ground floor which is borne out of site plan.
"If there are more floors, there is more space... If there is a reason (to oppose opening of fourth floor), tell us. More surface area, better it is. More area is always conducive," the court remarked.
The judge stated that as per joint inspection report, the fourth floor was part of the masjid area and present observations are only prima face and subject to adjudication.The Central Government lawyer also said that no "Tablighi activities" and lectures can be permitted in markaz and only prayers are allowed.
The application for reopening the markaz was filed in the Board's 2021 petition which has sought the reopening of the premises on the ground that even after unlock-1 guidelines permitted religious places outside containment zones to be opened, the Markaz -- comprising the Masjid Bangle Wali, Madarsa Kashif-ul-Uloom, and attached hostel -- continues to be locked up.