Centre Requests Delhi HC To Keep Nizamuddin Markaz Closed Due To 'Cross Border Implications'

The centre has maintained that it is "necessary and incumbent" to "preserve" the Markaz property as the investigation has "cross borders implications and involves nation's diplomatic relationship".

New Delhi: The Centre told the Delhi High Court told on Monday that it is necessary to preserve the Nizamuddin Markaz which has been locked since March 31, 2020, as the case is serious and has cross-border implications. 

The Markaz is where the Tablighi Jamaat congregation was held in March last year amid the Covid-19 pandemic. 

Justice Mukta Gupta, who was hearing the Delhi Waqf Board's plea to re-open the markaz questioned the centre as to how long it intended to keep it locked, saying it can't be "kept forever".

According to a PTI report, the counsel for the centre stated that a legal action to re-open the markaz can only be initiated by the lessee of the property and a resident of the premises has already filed a plea to hand over the residential portion of the markaz, which is pending final adjudication before another judge of the high court.

The judge responded by saying, "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 can't 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 property?"

The 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 centre's affidavit and posted the matter for next hearing on November 16.

Senior counsel Ramesh Gupta, who appeared for the board, argued that the petition has remained pending for more than one year and a half, he clarified that his petition pertained to the release of the entire markaz property, comprising the masjid, the madarasa and the residential portion.

Senior counsel Salman Khurshid, representing the intervening member, added that he is "on the same page as the Waqf" and when allowed to be re-opened, 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 COVID-19 protocols has "cross borders implications and involves nation's diplomatic relationship with other countries".

"As such, in view of the seriousness of the case which has trans-border 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 said.

"Since about 1300 foreigners were found to be residing in the said premises and cases against them have cross borders implications and involves nation's 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 Cr.PC," it added.

It 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".

The board, in its plea filed through advocate Wajeeh Shafiq, contended that even after unlock-1 guidelines permitted religious places outside containment zones to be opened, the markaz -- comprising the Masjid Bangley Wali, Madarsa Kashif-ul-uloom and attached hostel - continues to be locked up.

It 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.