Centre opposes reopening of Nizamuddin Markaz before HC, cites 'cross-border implications'

In a key development,  Delhi Police has strongly opposed Delhi Waqf Board's plea before Delhi High Court seeking reopening of  Nizamuddin Markaz mosque in national capital. Republic TV has accessed Delhi DCP (Crime) Joy Tirkey's affidavit which has been duly authorized by Ministry of Home Affairs. Moreover, it highlighted that present writ petition has become infructuous owing to HC's order dated August 23 whereby residential premises of Markaz should be used. It also asserted that this was not a violation of fundamental rights.

affidavit said, "It is submitted that since about 1300 foreigners were found to be residing in said premises and cases against m have cross border implications and involves nation's diplomatic relationship with or countries, it is necessary and incumbent on part of Respondent to preserve said premises for purpose of Section 310 of CrPC". This section empowers judge to visit any place in which an offence is said to have been committed for purpose of appreciating evidence. Tirkey stressed need to preserve case property so that due process of law can be followed. 

"As such reasonable restriction which has been imposed on petitioner‟s right if any under Article 26 of Constitution of India is on ground that said premises were not being used in accordance with law and on public order considerations and refore cannot be faulted or held to be violative of Part III of Constitution of India. It is submitted that in view of aforesaid, in respectful submission of deponent re has been no impingement of petitioner‟s fundamental right under Article 26. same has been curtailed for a short duration on public order considerations and refore cannot be said to be ultravires constitution," affidavit ded. 

Markaz controversy

 controversy erupted when 24 people who h attended religious congregation at Markaz Nizamuddin tested positive for COVID-19. Thousands of people who participated in event travelled to various states in India, risking spre of novel coronavirus. According to MHA, 1746 individuals including 216 foreigners were staying in Markaz building as of March 21, 2020. 

As per Delhi government, religious congregation violated prevailing orders, which prohibited large garings. However,  Markaz claimed that it h not flouted rules and discontinued religious function after announcement of nationwide lockdown. Inste, it alleged that many of attendees were stuck due to unavailability of transport services.

On March 31, 2020,  Delhi Police registered a case against Maulana Sa and or officials of Tablighi Jamaat under sections of  Epidemic Disease Act,1897 and Section 269, 270, 271, and 120-B of Indian Penal Code. In FIR, it has been stated that congregation failed to take safety measures for prevention and treatment of COVID-19. As of April 3, 2020, 30% of total COVID-19 cases in India were linked to Tablighi Jamaat religious congregation.

While mosque has remained virtually shut since March 31, 2020, authorities have allowed 5 persons to offer prayers 5 times a day in same premises. In affidavit, Centre also clarified that Station House Officer can relax entry norms upon receiving an application me by person in charge of religious affairs. It also claimed that present plea should be dismissed on ground that two petitions cannot be entertained for same cause.