Rejecting the Delhi Police’s stand for continuing with the restrictions on public entry at the Tablighi Jamaat headquarter in Nizamuddin, the Delhi High Court on Monday ordered the Police to handover the keys of Markaz Nizamuddin to Maulana Saad. 

In March 2022, the court had permitted holding of prayers on five floors of the mosque during the month of Ramzan this year. In May, the high court permitted the mosque management to allow public entry beyond the month of Ramzan, for the first time since March 2020. The relief was limited only to offering of prayers. However, the public entry continued to remain barred at the attached madrasa and hostel. 

Delivering the judgement today, Justice Jasmeet Singh observed that the keys would have to be handed over to the person from whom they were taken. “You have taken the possession from some person. You either return the possession to that person. I am not adjudicating an FIR for title of property, that is not issue before me,” said the court. 

The police argued that the original possessor has not come forward to take control of the property. It submitted that under Delhi Waqf Act, the mutawali has to come forward and not Delhi Waqf Board, which is the petitioner. 

However, the court said it is not going to look into the issue of title. Grilling the police, the court said: “Are you in possession? In what capacity have you taken possession? The FIR was registered under Epidemic Diseases Act… that is over now.””If you take a property under Epidemic Diseases Act and register an FIR, then whosoever was in possession at that point of time, would have to file suit for possession?” asked the court. 

When the police submitted that the possessor of the property will have to come forward, the court asked the Markaz management to go to police. “You will hand over the keys and impose whatever conditions,” the court told the police. In response to a question, the police submitted that the “possession was taken” from Maulana Saad. However, it claimed he was absconding. However, the markaz management said he is in Nizamuddin only and not absconding and will appear before the police as directed.

After the high court questioned the police, the counsel representing Delhi Police submitted it would not have any objection to handover the property to him on furnishing indemnity bond. The court also said no documents would be required to be submitted for the purpose. 

The order was passed in the petition filed by Delhi Waqf Board in 2021 challenging the restrictions imposed on public entry at Masjid Bangley Wali, Madrasa Kashif-ul-Uloom and the attached hostel, in connection with a case registered in 2020 for alleged violation of COVID-19 guidelines by the markaz management. 

The police recently had filed an application in the case urging the high court to direct the Waqf Board and Banglewali Masjid’s management to produce details regarding the ownership of land and building plan approved for construction of the mosque situated at Basti Nizamuddin. In a case of obvious overreach, deputy Commissioner of Police Rohit Meena in the application had also asked the court to direct the Delhi Waqf Board and mosque management to produce the copy of sanction plan in relation to Banglewali Masjid.

The police had argued that neither the Waqf Board nor the mosque management, which is an applicant in the case, have produced any document to prove the that the property in Basti Hazrat Nizamuddin is a waqf property registered under the provisions of Waqf Act and that it has been vested with the management, which is registered as a mutawalli or under any other capacity. 

Contending that the Waqf Board cannot maintain a “petition to claim possession” of an “alleged waqf property” which has been legally given to any mutawali for admission and possession, the police had said that only upon termination of mutawali as per provisions of the law, the board can regain any right of direct management. 

“It has also not produced the register as contemplated under Section 37 of the Waqf Act, inter-alia, giving the name of the mutawalli or his successor to the said property,” the application stated. 

The court today disposed of the petition after the police said it would not have any objection to handover the keys to Maulana Saad. Senior Advocate Sanjoy Ghose and Delhi Waqf Board Standing Counsel Wajeeh Shafiq represented the petitioner. Advocate Fuzail Ahmad Ayyubi represented the applicant, mosque management. Advocate Rajat Nair represented the Delhi Police.

Background

In April 2020, as the country was reeling under the impact of a hastily called ‘national lockdown’, large sections of the electronic media, especially television channels and social media handles were busy spewing hatred against India’s Muslims. The target was a previously sanctioned (authorities being the Delhi police under the Indian Home Ministry) permission to hold a two day international religious gathering in mid-March 2020 by the Tableeghi Jamaat. While several outfits and bodies, including political figures and majority religious gatherings continued unabated after the declaration of Covid-19 as a pandemic, it was this event that was singled out for a mass campaign.

Through this, only Muslims were being ostracized, beaten and even killed amid the pandemic. They’re being accused of spreading ‘Corona Jihad’ and being called ‘Super Spreaders’. Why are the scales tilted in the favour of the majority when they were equally at fault for flouting norms laid down by the government? Why was a medical issue turned into a religious one? And why did the media not show the other side of the story?

Sabrangindia has reported extensively on this rabid bias apparent in largescale hate-letting by the media. We had asked then, Covid-19: Was Tablighi Jamaat event the only mass gathering leading up to the lockdown? -Are Indian Muslims being selectively targeted despite the fact that gatherings and events were organised by people of different faiths?

High Courts Quash FIRs

By August 2020, several High Courts had quashed politically motivated FIRs against many of those who attended these gatherings.  In August 2020, the Aurangabad bench of Bombay High Court has fallen in line with the high courts of Karnataka, Allahabad and Madras in letting off members of Tablighi Jamaat either on bail or by quashing FIRs against them. However, it was the Bombay High Court (Aurangabad bench) which was the first high court to have called out the blatant communalism and the way the entire incident was handled by the government, the police and the media.

In its 58-page judgment, dated August 21, the bench comprising Justices MG Sewlikar and TV Nalawade, was related to three FIRs filed at Ahmednagar police stations against a total of 29 foreign nationals and 6 Indians. The FIRs were similar in the circumstances under which the accused were charged. They were all found in mosques, stranded and hence given shelter by the mosque trustees/management.

The petitioners, mainly foreign nationals, had contended that they came to India on valid visas issued by the Government of India and they have come to experience Indian culture, tradition, hospitality and Indian food. They had even informed the District Superintendent of Police, Ahmednagar about their arrival. They were just given shelter in the mosques as they were unable to go and live anywhere else due to lockdown restrictions.

Were visa conditions violated?

The contention of the police was that the petitioners were preaching Islam and despite orders dated March 23, to close religious places, they continued to stay in mosques and “indulged in Tablighi activity”. The police further contended that the petitioners were in violation of the Visa conditions and breached orders issued by the authorities created under Disaster Management Act, 2005.

The court observed that a foreigner may be punished under section 14 of the Foreigners Act if he acts in violation of the conditions of the valid visa. The court said that “the so-called conditions are not in the form of provisions of Act or rules framed under any Act. They are in the form of so called guidelines or at the most executive instructions.”

The court further pointed out that though restrictions are put on the foreigners who come to India on tourist visas to prevent them from engaging in Tablighi activity, there is no restriction on them to visit religious places to attend the normal religious activities like attending religious discourse.

2020: Sabrangindia Listicle of Various events not similarly highlighted by the Media

The coronavirus pandemic in India has infected over 12,000 people in the country and the death toll has crossed 450. In light of this, Cabinet Secretary Rajiv Gauba has asked state governments to at once strengthen the surveillance of international air travellers who entered India between January 18 to March 23 as there appeared to be a “gap” between those being monitored for Covid-19 and 15 lakh arrivals during that time, the Economic Times had reported on March 27.

In a letter to all the chief secretaries of States and UTs, Gauba had said that the gap in monitoring of international passengers “may seriously jeopardize the efforts to contain the spread of Covid-19”, given the fact that many of those who have tested positive for the virus have a history of international travel.

“As you are aware, we initiated screening of international incoming passengers at the airports with effect from January 18, 2020. I have been informed that up to March 23, 2020, cumulatively, Bureau Of Immigration has shared details of more than 15 lakh incoming international passengers with the States/UTs for monitoring for COVID-19.

“However, there appears to be a gap between the number of international passengers who need to be monitored by the States/UTs and the actual number of passengers being monitored,” Gauba’s letter read.

If there are so many who can potentially be responsible for the spread of the coronavirus, why is the only the minority community, especially Muslims, who are being targeted for the spread of the virus? It has turned into a vicious cycle of Islamophobia feeding hate, and often targeted and malicious reportage against the community, that in turn further isolates and demonises the community.  

Apart from the Tablighi Jamaat event, which is solely being held responsible for the spike in cases, there were a multitude of gatherings in the country, which went unreported or completely ignored by the mainstream media. And if not unnoticed or unpunished, the people involved were not treated with as much vile discrimination as those who attended the Tablighi Jamaat.

1.  Namaste Trump event – Nearly 100,000 people attended the visit of US President Donald Trump’s visit to Gujarat which took place on February 24. One must remember that the first coronavirus case in the country was detected on January 30. Though the first case in Gujarat was detected almost toward the end of March, the presence of NRIs at the event could be potentially deadly for the population.

2.  Ob Feb 25, thousands of people attended the Maha Shivratri event held by Sadhguru Jaggi Vasudev, Founder, Isha Foundation at Coimbatore. All those people must be tested too.

3.  Out of the 800 people who attended a shraddh ceremony in Madhya Pradesh’s Morena district on March 20. Later, at least 12 people who attended the gathering were tested positive for coronavirus, reported IB Times. Out of these 33 people were put under quarantine, but the number of infected people could have been much higher an administrative officer told the publication.

4.  Singer Kanika Kapoor who returned from her stay in the United Kingdom and was tested positive for the coronavirus, faced massive criticism for allegedly hiding her travel history. After returning from London, she hosted a lavish party which saw the attendance of many people, including political leaders. The singer triggered a massive coronavirus scare among parliamentarians and other prominent figures who had interacted with the singer during these parties before she tested positive. All of them have tested negative for the coronavirus now, NDTV reported. According to a report by Aaj Tak, she met scores of people, putting all of their lives in danger, after her arrival on March 9 till March 20, when she was tested positive.

5.  While the coronavirus pandemic was rising in India, Business Insider reported that a total of 61,652 pilgrims visited the Tirumala temple. Though coronavirus prevention camps were put up at all checkpoints, the number of people tested by the government is unknown.

6.  Despite Covid-19, nearly 1.5 lakh from Karnataka and Tamil Nadu attended the temple festival ‘rathavotsam’ in Kadiri town of Andhra Pradesh in March, reported The News Minute. It is not clear how many have been tested for the coronavirus.

7.  The Indian Express on April 1 reported that around 400 pilgrims who had gone to visit the Mata Vaishno Devi temple, were stranded in Jammu due to the cancellation of train services amid the coronavirus scare. However, the shrine board and Press Information Bureau denied the information saying it had closed the temple to visitors on March 18.

8.  The Uttar Pradesh CM, Yogi Adityanath himself violated the lockdown and social distancing rules after he was seen participating in a pre-dawn religious ceremony in Ayodhya. State officials, however, said proper precautions were taken before the ceremony, which was held to shift the idol of Ram Lalla to a temporary structure inside the Ram Janmabhoomi premises. They said thorough sanitisation of both the premises and the people involved had been ensured before the ceremony, Economic Times reported.

9.  In Telangana, which is one of the worst hit states, Allola Indrakaran Reddy (Minister of Endowments, Law and Environment, Forest) and Puvvada Ajay Kumar (Transport Minister), attended a Ram Navami event, reported ANI.

10.  BJP MLA Masala Jayaram violted lockdown norms and celebrated his birthday with children and over 200 members of the village at Turuvekera in Karnataka’s Tumakuru district.

11.  Not far behind was BJP MLA Dadarao Keche from Wardha who celebrated his birthday amid the lockdown. He claims to be innocent saying he invited only 21 labourers to the party, but alleges his political adversaries took advantage of the situation and spread information about the party resulting in 200 people attending it, reported The Indian Express.

12.  Telangana BJP MLA T Raja Singh was found flouting lockdown rules as he gathered with over 70 people in April on the PM’s 9 PM 9 minutes call to light candles, etc, reported The Hindu.

13.  IAS officer Pallavi Jain Govil was accused of dodging the Covid-19 test and conducting meetings despite testing positive. However, the government denied the same saying she and her family had followed all quarantine norms, reported She The People TV.

14.  Chief Minister B S Yediyurappa on Sunday attended a marriage ceremony in Belagavi where hundreds had gathered, showing scant regard for the government’s own directive which had banned public events, including marriages, with more than hundred people, due to the coronavirus outbreak.

15.  A village in Chittapur of Kalburgi ,deemed hotspot for #COVID19, violated lockdown restrictions to host Siddhalingeswara chariot festival where hundreds of people gathered. Kalburgi reported the first #COVID19 death in the country. Death toll in district now at 3 with 18 active cases. No media outrage over this was reported.

16.  On Monday, April 13, the Uttar Pradesh government arranged over 20 buses to allegedly ferry 900 pilgrims from South India – Andhra Pradesh, Tamil Nadu, Karnataka and Kerala, back who were stuck in Varanasi, back to their hometowns, reported Dainik Jagran. Varanasi District Magistrate Raj Sharma said that there were 700-800 pilgrims who approached their respective member of parliaments who then approached the Centre which arranged for transport to get them home. According to Free Press Journal, they were tested before they were allowed to board the buses. The departure was reportedly supervised by police officers. 

Related:

Covid-19: Was Tablighi Jamaat event the only mass gathering leading up to the lockdown?

FIR against 4 for attending Tablighi Jamaat

The post Delhi High Court directs Delhi Police to handover keys of Markaz Nizamuddin to Maulana Saad appeared first on SabrangIndia.

Nizamuddin Markaz will be open for Shab-E-Baraat on March 18, 2022 and March 19, 2022 for religious prayers, said the Delhi High Court on March 16, following a plea from the City Waqf Board. This is the same mosque that suffered much flak for the alleged Tablighi Jamaat fiasco and remained closed for nearly two years.

Shab-E-Baraat is a major event in the Islamic calendar, and falls on the fifteenth night of the Sha’ban. People commemorate their deceased ancestors and collectively worship and ask for forgiveness of their wrongdoings. In many regions, it is also a night when individuals pray for the forgiveness of their ancestors. The night is believed to reward devotees with good fortune for the whole year and cleanse people’s sins.

To ensure the observance of this night in 2022, petitioner’s legal representative Sanjoy Ghose argued for the opening of the mosque. He submitted a letter bearing signatures of Hazrat Nizamuddin Station House Officer from March 15 that granted permission for a restricted reopening of the Masjid inside the Markaz to offer prayers.

Among other conditions, this letter said that ground and three floors will be opened for less than a hundred devotees per floor, reasoning that “due to congested place/area, number of devotees should be limited for the emergency conditions.”

However, Justice Manoj Kumar Ohri removed this restriction, stating that the management of the mosque will ensure that Covid-19 protocols and social distancing will be followed.

“The management of the petitioner will ensure that while allowing the devotees into the premises of the Markaz building to offer prayers in the Masjid, COVID-19 norms and protocols, as prescribed by DDMA from time to time, including wearing of face masks, are strictly adhered to. To this end, it is also agreed that the Management will provide for hand sanitizers at the entry gates, as well as volunteers who will screen the devotees with the help of hand-held thermal scanners,” said the court order.

The floors will be reopened at 12 PM, a day before Shab-E-Baraat and will be closed on the day after ‘Shab E Baraat’ at 4 PM.

Along with the restriction on the number of footfalls, the Court modified many conditions in the letter as well. For example, one condition demanded that foreign citizens and OCI card holders will not enter the Markaz premises, unless the person provides identity details such as a passport/OCI card and another photo identity card to the SHO. To this, the Court said that the Management can display a board at the entry gates of the Masjid, specifying the condition.

Still other contentious restrictions stated that “No Tablighi activities, in any manner whatsoever, will be permitted during the reopening period.” Ghose argued against such conditions and the Court changed the expressions ‘No Tablighi activities, in any manner whatsoever’ to be read as “no activity other than offering of Namaz and religious prayers”.

As for the demand for a separate register on the main entry gate for maintaining record of the visitors, the High Court dismissed it entirely. Similarly, it observed that Masjid already has CCTV cameras and does not require new CCTV cameras. Accordingly, the footage will be preserved but provided only when required.

Lastly, the petitioner objected to the lodging of the devotees not provided inside the premises. The court said that the application will be restricted only to lodging of the devotees in the “hostel” in the Markaz premises.

The admission of people at the discretion of the management is a big win for the mosque. In April 2021, the same Court allowed only upto 50 persons to offer namaz five times a day. This despite Justice Mukta Gupta’s own admission that other religious places were open around the time. At the time, the Court had relied upon a June 2020 notification of the DDMA that did not impose restrictions on religious places. However, the police had in its inspection report stated that only 20 people could be accommodated inside the mosque, although the management argued otherwise.

Markaz during Covid-19

The continued struggle for the Nizamuddin Markaz began in March 2020, when the international headquarters of the Tablighi Jamaat was accused of flouting Covid-lockdown guidelines. Media channels and even the Union Ministry of Home Affairs alleged that the meeting resulted in a surge of Covid-cases.

Although the management tried to explain in a press release that the mosque had its hand forced in trying to accommodate stranded visitors, the statement was disregarded. News media and experts did not heed the fact that Prime Minister Narendra Modi suddenly announced a nationwide lockdown in the country immediately after a Janata curfew, effectively trapping commuting/travelling people in different parts of India.

Instead, as many as 233 Tablighi Jamaat members were arrested under the Epidemics Act by September 2020, and 2,361 people were evacuated from the organisation’s headquarters since March 29, 2020. People who managed to return to their hometowns were attacked. The Delhi administration kept a separate count of Tablighi Jamaat folk who were Covid-positive. The Karnataka High Court even tried to ban foreign nationals from entering India for the next 10 years – a ruling that was thankfully quashed by the Supreme Court.

In April 2020, the apex court received a bizarre plea in the form of a letter, asking the Chief Justice of India to ban Tablighi Jamaat and its activities. It went on to call the historic Markaz “an illegal structure” and sought demolition of the building. This condemnation is in stark response to the Kumbh Mela coverage in April 2021 when Uttarakhand Chief Minister Tirath Singh Rawat said in a Hindustan Times interview, “Don’t compare Kumbh Mela to Markaz event.”

It was after this event, coupled with West Bengal election campaigning, that Covid-cases in India exploded. Yet, the hate continued with the Delhi High Court hearing cases in August 2021 against Indian nationals for offering shelter to foreign attendees of the Tablighi Jamaat.

CJP calls out prejudice against Markaz

While chaos and concern regarding the coronavirus pandemic reigned supreme, CJP moved the News Broadcasting Standards Authority (NBSA) for action against India Today for running a sting operation on madrasas and then linking it to the tablighi Jamaat. The ‘Madrasa Hotpots: India Today Investigation’ show on April 10, 2020 was based on a sting operation conducted in a madrasa housing minor children. In condemning the madrasas the show conveniently forgot to mention that the institutions served as hostels for poor, destitute and orphaned children during the pandemic.

Instead, the show compared it to the Tablighi Jamaat case and voiced concern about the spread of Covid-19, with children being crammed in rooms. According to CJP, the channel seemed “to have taken this stand in a bid to insinuate that Muslims are still defying social distancing, thus making them appear to be a greater enemy than the coronavirus itself.”

Then again on November 6, 2020 another channel News Nation aired a show on “Conversion Jihad” and claimed that a Memchand from Mewat was allegedly forcibly converted to Islam and threatened by the Tablighi Jamaat.

Again, CJP complained to the News Broadcasting and Digital Standards Authority (NBDSA) on December 1, 2020. It explained how anchor Deepak Chaurasia called one Maulana Syed ul Qadri and forced him to tender an apology on behalf of the entire Muslim community.

“He also insulted him on air and called him a Jhoot ki Factory (factory of lies)!” said the complaint, further citing how the host encouraged hate speech against Muslims. After hearings, the NBDSA ordered News Nation to take down all videos of its show.

The NBDSA concluded that the channel had only “made generalised submissions” and “failed to submit any specific reply to the grievances of the complainant.” It noted a lack of due diligence from News Nation as well as a disregard for the Code of Ethics and Guidelines.

With the amendments made by the Delhi High Court for the Nizamuddin Markaz in 2022, devotees are hopeful that life can return to normalcy and people can pray in the building.

Related:

Delhi HC allows 50 persons to offer namaz at Nizamuddin Markaz mosque

No gathering can be permitted at Nizamuddin Markaz: Centre tells Delhi HC

Don’t compare Kumbh Mela to Markaz event: Uttarakhand CM Tirath Singh Rawat

Markaz Nizamuddin counters all allegations of contributing to spread of Covid-19

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The Centre has told the Delhi High Court that no gathering can be permitted at Nizamuddin Markaz mosque as the same has been prohibited by Delhi Disaster Management Authority (DDMA). This submission comes a day after the Centre told the court that the mosque can be made operational based on DDMA guidelines. The Centre submitted that till the next date of hearing, the five persons who have been holding prayers at the mosque since last year will continue to be permitted to do so, reported Indian Express.

The bench of Justice Mukta Gupta has been hearing a petition filed by Delhi Waqf board for easing restrictions at Nizamuddin markaz mosque which has been locked up since a case was registered in connection with the Tablighi Jamaat congregation of 2020. The court has asked authorities to file a response to the plan submitted by Delhi Waqf Board for holding prayers during the month.

IE reported that in response to Solicitor General of India Tushar Mehta’s statement that all religious gatherings have been banned, senior advocate Ramesh Gupta, representing the Waqf Board, submitted before the court that he can submit photographs of Karol Bagh Hanuman Mandir to show a long queue and absence of social distancing. Gupta also referred to the gathering taking place at Haridwar and asked whether the rules of the central government are not applicable there and whether they are only for Muslims.

Justice Gupta responded that is the reason why the court has directed an affidavit be filed so that if all religious gatherings in temples, churches and mosques are not closed then the markaz can also be opened. SG Mehta stated that he does not have the luxury of making political statements and cannot compare what is happening in Kumbh as here the decision has been made by DDMA and nobody can question that.

During the April 12 hearing, the counsel appearing for the Centre had submitted that the Nizamuddin markaz mosque can be made operational for the devotees to offer prayers, subject to the guidelines issued by the DDMA in order to maintain social distancing. It was agreed that a joint inspection will be carried out by the SHO, PS Hazrat Nizamuddin and the office bearers of the mosque in the presence of a member of the Waqf Board and its counsel to measure the area of the mosque where the devotees can offer Namaz five times in the day. The petitioner had agreed to install CCTV cameras in the premises to ensure safety and security of the premises.

On Monday, the court had rejected a submission made by Centre and Delhi that only 20 persons be allowed to enter the mosque during Ramzan out of a police-verified list of 200 people stating that anyone could wish to visit a temple, mosque or church. Justice Gupta orally remarked, “It is an open place. They don’t have to have a fixed (number of devotees) when no other religious place has (such restrictions),” reported LiveLaw.

The April 12 order can be read here:

Related:

Don’t compare Kumbh Mela to Markaz event: Uttarakhand CM Tirath Singh Rawat

Tablighi Jamaat: Jharkhand court dismisses 10 Indonesians

Clean chit to Tablighi Jamaat, too little, too late?

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