WEB DESK
Rejecting Delhi Police’s stand regarding the continuing restrictions at Tablighi Jamaat headquarter in Nizamuddin since March 2020, the Delhi High Court on Monday asked the police to handover the keys of Markaz Nizamuddin to Maulana Saad, reports Livelaw.in
Nizamuddin Markaz is closed since March 2020. The High court rejected the stand of the Delhi Police on restrictions imposed for the closing of Markaz.
The Delhi Police before the High Court said that they are ready to hand over the keys of Markaz to Maulana Saad as they took it from him only.
After noting the submission, the High Court disposed of the plea seeking the unlocking of Nizamuddin Markaz. It was closed by the Delhi police during the COVID pandemic.
Justice Jasmeet Singh directed Delhi Police and disposed of the petition after noting the submission of counsel for Delhi Police that they have no objection in handing over the keys to Maulana Saad on undertaking or indemnity bond if he approaches them. “He is the person from whom we took the keys,” Delhi Police told the court.
The court said that no documents were required to be submitted by him for this purpose.
“If you take a property under Epidemic Diseases Act and register an FIR, then the person who was in possession at that point of time, would have to file suit for possession?” the bench asked.
Pandemic has been over, hand over the possession, the bench said.
Delhi police submitted that the “possession was taken” from Maulana Saad, but he is absconding.
The counsel representing the Markaz management committee said he is in Nizamuddin only and not absconding and will appear before the police.
Senior advocate Sanjoy Ghosh and Standing Counsel for Delhi Waqf Board submitted that all the religious places have been opened by the government. Therefore there is no logic in keeping the Markaz closed for an indefinite time.
The Delhi Police had moved an application seeking direction to the Delhi Waqf Board and Management committee to produce the land ownership details and building plan approved for constructing the mosque in Nizamuddin.
Earlier the High Court had allowed the reopening of five floors of Masjid Bangle Wali at Markaz premises for offering namaz during Ramzan.
The plea for unlocking was moved by Delhi Waqf Board and Management Committee for the opening of Masjid Bangle Wali for Shab-e-Barat and for the month of Ramzan.
The High Court, on March 22, allowed the reopening of the Masjid Bangle Wali at Markaz premises for Shab e Barat after removing the condition of limiting the number of devotees proposed by the SHO Hazrat Nizamuddin police station.