The Union government opposed the full re-opening of the controversial Nizamuddin Markaz building in southeast Delhi, the epicentre of the Covid-19 pandemic in the country during the first wave, and submitted that only a few people could be allowed to offer prayers at the mosque in the complex during the festival of Shab-e-Baraat.
According to reports, the centre said that a few people might be allowed to offer prayers on the upcoming Shab-e-Baraat as fully opening of the Markaz would hamper the investigation in connection with a Tablighi Jamaat event held at the Nizamuddin Markaz, an event that emerged as the Covid-19 epicentre in March 2020.
In its affidavit, the Centre submitted to the court that it was 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 relations with other countries”.
Delhi Waqf Board had filed a petition seeking the complete reopening of the Markaz building, which was sealed for violating Covid-19 norms during the Tablighi Jamaat congregation in March 2020. The application was filed seeking to reopen the premises comprising the Banglewali Masjid, Madarsa Kashif-ul-Uloom and attached hostel, which are currently locked up.
However, the centre argued that the mosque is a case property, and the petitioner board has no locus to seek its reopening. The counsel said even on earlier occasions, a concession was made to allow a few people to offer prayers, and the Centre had no objection to allowing a few people if certain conditions were fulfilled.
During Ramzan last year, the court had allowed 50 people to offer namaz five times a day at the Nizamuddin Markaz, contending there is no direction in the DDMA notification to close down places of worship.
The Nizamuddin Markaz – the epicenter of Covid-19 in India
In March 2020, hundreds of people who had attended the Tablighi Jamaat congregation at Nizamuddin Markaz tested positive for coronavirus. Reportedly, thousands of people had travelled to attend the event from various states. According to the Ministry of Home Affairs, 1746 people lived in Markaz, including 216 foreign nationals. The Delhi government said that the congregation violated the Covid-19 protocols in place that prohibited large gatherings.
Countering the allegations, Markaz claimed that they had not flouted any rules and ended the congregation when the nationwide lockdown was imposed. In addition, it alleged that several of the participants were stuck as no mode of transport was available.
From the Markaz, Tablighi Jamaat members travelled all over India, often hiding their travel details and avoiding quarantine. Those members that were caught and sent to institutional quarantine centres were found misbehaving with healthcare staff and creating a nuisance.
On March 31 last year, Delhi Police registered a case against the officials of the Markaz, including Maulana Saad, under sections of Epidemic Disease Act,1897 and Section 269, 270, 271, and 120-B of the Indian Penal Code. By April 3, 2020, 30% of the Covid cases in India were reportedly linked to the congregation that took place at the Markaz.
