HC declines to entertain plea to restrain Kejriwal from reporting COVID-19 cases under 'markaz' category

The Delhi High Court on Monday declined to entertain a plea to restrain Chief Minister Arvind Kejriwal and his administration from classifying some COVID-19 cases as "Tablighi Jamaat" or "Masjid Markaz", saying a similar issue was before the Supreme Court.

As Justice Prathiba M Singh was not inclined to entertain the petition, it was withdrawn by the petitioner with the liberty to move the apex court.

"Considering that the Supreme Court is already seized of similar issues, the court is not inclined to entertain the present petition... The present petition is accordingly dismissed as withdrawn with liberty to avail remedies as may be available in accordance with the law," the court said.

The petitioner -- advocate M M Kashyap -- had said in his plea that after the Tablighi event, Kejriwal via his tweets "deliberately" classified several cases under a separate caption -- "Masjid Markaz".

He had alleged that this amounted to religious profiling.

During the hearing, held via video conferencing, Kashyap's lawyers --  M Qayam-ud-din and Fozia Rahman -- told the court that their matter was distinct from the issues before the apex court.

However, as the court was not inclined to hear the matter, the petition was withdrawn.

The petition had claimed that reporting of the coronavirus cases under a separate category has led to "communal antagonism" and perpetrating of hatred against a specific religious community.

It had contended that when the atmosphere was already tense and sensitive in Delhi, post the riots in northeast parts of the national capital, such reporting of COVID-19 cases would only deteriorate the situation.

The petition had sought directions to Kejriwal and Delhi government to prohibit and stop alleged dissemination of coronavirus infection data on the basis of religious or communal classification and to take action against those who are allegedly "vilifying" the Muslim community on social media platforms or internet websites.

The Tablighi Jamaat Markaz (centre) at Nizamuddin where a religious congregation was held has emerged as a major coronavirus hotspot in the country.