The Central Government on Monday told the Delhi High Court that the case registered in connection with the convening of the Tablighi Jamaat conference at Nizamuddin Markaz in March last year, allegedly in violation of the Kovid-19 rules, is serious and has cross-border ramifications. The court, on the other hand, observed that the premises cannot be kept closed forever. Justice Mukta Gupta heard the application filed by the Delhi Waqf Board to open the Markaz. The complex has been closed since March 31 last year.
The court questioned the Center as to how long it intended to keep the Nizamuddin Markaz closed and said it cannot be forever. The counsel appearing for the Center argued that the legal action to open the Markaz can be initiated by the lessee of the property or the people residing in the premises and the hearing of the petition for handing over the residential part of the Markaz is already before the High Court. The other is in the final stages before the judge.
Advocate Rajat Nair, appearing for the Centre, said, “The petition can be disposed of only after considering the legal point of view. The Waqf Board does not have the right to follow the lessee and come forward.
However, the judge said, "Some people had property in their possession. FIR was lodged because of the pandemic....(and) you took possession of the property. It should be returned. It cannot happen that the property is always kept (subject to the order of the court). What is your opinion on this matter? You tell us what are you waiting for. How long will you keep this property under lock?'
The court issued notice on the application of a member of the managing committee of Markaz to be made a party to the case and fixed the matter for further hearing on November 16, while allowing the Waqf Board to file a reply on the Centre's affidavit.
Advocate Ramesh Gupta, appearing for the Waqf Board, argued that the application is pending for more than one-and-a-half years and clarified that his plea is to return the entire property of Markaz which includes mosque, madrassa and residential part. "Now the property should be handed back to them to us. The central government has no role.
Senior advocate Salman Khurshid, representing the intervening member, said that he is also with Waqf in this matter and the relevant rules will be followed whenever Markaz is allowed to open.
At the same time, in the affidavit filed by the Deputy Commissioner of Delhi Police (Crime), the Center reiterated that it is necessary to preserve the property of Markaz as part of the investigation of the case registered in connection with the violation of Kovid-19 rules as it has cross-border ramifications and other countries. With this is the matter of diplomatic relations.
