Excerpt
This petition was filed seeking directions from the Respondents to reconsider the necessity to keep the Waqf premises i.e. Basti Hazrat Nizamuddin between Dargah Hazrat Nizamuddin and Police Station Hazrat Nizamuddin under locks and to direct the Respondents to consider adopting more scientific and advanced methods for securing the conditions of the interiors of Waqf premises.
Facts
A request was made on 12th April 2021 by the counsel for the Petitioner seeking the mosque area to be made operational for the devotees to offer prayers for the month of Ramzan starting from 14th April 2021. The court, therefore, permitted a joint inspection by the Station House Officer, Police Station Hazrat Nizamuddin and office bearers of the mosque in the presence of counsel to measure the area of the mosque where devotees will have to keep in mind the guidelines issued by the Delhi Disaster Management Authority (DDMA) could offer Namaz five times a day. On 13th April the matter came before the High Court of Delhi where the Solicitor General of India highlighted the notification of the DDMA dated 10th April 2021 by which all Social, Political, Entertainment, Sports, Educational, Cultural, Religious, Festivals related and other gatherings and congregations were prohibited. The Court directed the respondents to file an affidavit of the competent authority indicating whether religious or festival-related and other gatherings and congregations were being permitted to take place or not including in the temples, churches, mosques etc. in the region of NCT of Delhi.
Arguments
The Counsel for the petitioner stated that the permission could be granted subject to the guidelines issued by the Delhi Disaster Management Authority (DDMA) for maintaining social distancing in the wake of the rise of Covid-19 cases in Delhi. It was stated that in the status report no clear stand had been taken as to whether any religious and festival-related gatherings are being permitted in other religious places, i.e. temples, churches, mosques etc.
The Learned counsel appearing on behalf of the Union of India stated that keeping in mind the situation getting grave day after day in the national capital, it wouldn’t be in the interest to press for a congregation of religious places at present. The counsel further stated that Masjid Bangley Wali was sealed pursuant to FIRs registered under Section 3 of Epidemic Diseases Act, 1897 r.w. Sections 51/58 (1) of Disaster Management Act, 2005 r.w. Section 304/308/336/188/269/270/271/120B of the IPC read with Section 14(B) of the Foreigner Act registered at Police Station Crime Branch.
Court’s Observation
The issue before the Delhi High Court was whether the Masjid Bangley Wali could be permitted to be opened for performing Namaz by the devotees during the holy month of Ramzan. The court observed that in the notification dated 10th April 2021, being referred by the Central Government, what had been prohibited, all Social, Political, Entertainment, Sports, Educational, Cultural, Religious, Festivals related and other gatherings and congregations. It was evident that there is no prohibition nor any directions to close the religious places or places of worship for the public. The High Court found that the petitioner had made out a case wherein devotees were required to be allowed to perform Namaz during the month of Ramzan at Masjid Bangley Wali. However, the performance of the said Namaz had to be strictly in accordance with the Standard Operating Procedures laid down by the Delhi Disaster Management Authority.
Court’s Decision
The court considered the facts that devotees were required to perform the Namaz five times, during the holy month of Ramzan and at the same time taking care that covid-19 infection which is increasing exponentially in Delhi do not spread and affect the health of the devotees visiting the Masjid Bangley Wali and the public at large, the High court directed the Police Station of Hazrat Nizamuddin, to permit fifty persons to perform the Namaz at Masjid Bangley Wali five times in the first floor above the basement in the designated area. For offering Namaz by the devotees have to maintain social distancing and Standard Operating Procedures laid down by the DDMA in the notification dated 7th June 2020.
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