NEW DELHI: Delhi High Court on Monday directed the city police to hand over the keys of the Nizamuddin Markaz, which was closed in March 2020 for holding a Tablighi Jamaat congregation amid the Covid-19 pandemic, to jamaat leader Maulana Saad.
The HC’s order came after the police submitted that it has no objection to handing over the keys to Saad but argued that it has not been provided with the documents on the actual owner of the Nizamuddin Banglewali Masjid.
However, justice Jasmeet Singh pointed out that the police took possession from Saad. “You return the possession to that person. I am not adjudicating an FIR for the title of the property. That is not the issue before me. You find out what you have to do but give the keys. You cannot keep it with you,” Singh told police.
The court disposed of a petition by Delhi Waqf Board, seeking a direction to reopen the Nizamuddin Markaz, comprising the masjid, the Madarsa Kashif-ul-Uloom, and a hostel.
In May, the high court passed an interim order, allowing to reopen certain areas of the markaz that were closed following the congregation. Earlier this month, police filed an application for a direction to the waqf board to produce documents related to the ownership of Nizamuddin Banglewali Masjid.
To this, the court responded, saying: “Are you in possession? In what capacity have you taken possession? The FIR was registered under the Epidemic Diseases Act… that is over now. If you take property under the Epidemic Diseases Act and register an FIR, then whosoever was in possession at that point of time, would have to file a suit for possession?” the judge asked. When the police’s counsel said the possession was taken from Saad, the high court asked where he was and why cannot he go and take the keys.
To this, the counsel for the managing committee said Saad was in the markaz and that he can go and take the keys from the police.
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