On Monday, 28 November, the Delhi High Court ordered the Delhi police to hand over the keys of Markaz Nizamuddin to Jamaat leader Maulana Saad.
The Tablighi Jamaat headquarters in Nizamuddin has had restrictions since the pandemic began in March 2020.
Why now? The court was hearing a petition filed by the Delhi Waqf Board seeking full reopening of the mosque. Even though the mosque was reopened, some parts were still locked and they keys were with the Delhi Police.
On Monday, the court said that the keys should be handed over to the original possessor. However, the police argued that the original possessor has not come forward to take control of the property.
Rejecting the police’s stand, Justice Jasmeet Singh said, “You have taken possession from some person. You return the possession to that person...”
The court added, “Are you in possession? In what capacity have you taken possession? The FIR was registered under Epidemic Diseases Act... that is over now."
The Delhi Police's Stand: The Delhi Police had moved an application seeking direction to the Delhi Waqf Board and Managaing Committee to produce land ownership details and the building plan approved for mosque construction.
Justice Jasmeet Singh said that he would not look into the matter of title as it was not an issue before him.
What happened in 2020? The markaz was locked after an FIR was lodged against people who attended Tablighi Jamaat event in March, 2020.
According to the FIR, several members of Tablighi Jamaat were allegedly living there in violation of Covid-19 norms.
Which parts of the Tabhligi Jamaat headquarters were shut? In 2020, the entire Markaz was shut. Dr. Mohammad Shoib, the Nizamuddin Markaz spokesperson told The Quint, "There are three parts -- the mosque, the markaz and the madrasa. The masjid was opened for worship before Ramzan. Now, the rest of it will be opened to the public too."
What relief did the court give earlier? In March this year, the court permitted the holding of prayers during the month of Ramzan.
Two months later, the court permitted the mosque management to open doors to the public for the first time since March 2020. However, the madrasa and hotel continued to remain shut.
Who was the original possessor?
The original possessor, Maulana Saad, was one of the main accused in Delhi Police's FIR registered in March 2020.
In response to a question, the Delhi police said that the possession of they key was taken from Maulana Saad. The police added that he was absconding.
However, the counsel representing the Markaz management said that Saad is not absconding and will appear before the police.
Shoaib said, "He is still here and has remained in touch since 2020. He was never absconding."
Delhi police’s counsel, Rajat Nair, said that the keys will be handed over to the possessor once he has furnished an indemnity bond.
(With inputs from LiveLaw and BarandBench)
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