Delhi High Court - Orders
Delhi Waqf Board Through Its Chairman vs Government Of Nct Of Delhi And Anr on 16 March, 2022
Author: Manoj Kumar Ohri
Bench: Manoj Kumar Ohri
$~16
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 421/2021
DELHI WAQF BOARD THROUGH ITS
CHAIRMAN ..... Petitioner
Through: Mr. Sanjoy Ghose, Sr. Advocate with
Mr. Wajeeh Shapiq, Standing
Counsel for DWB alongwith Ms.
Ramsha Shan, Ms. Shaista Siddiqui,
Mr. Qaseem Mohd. and Mr. Naman
Sain, Advocates.
versus
GOVERNMENT OF NCT OF DELHI AND ANR...... Respondents
Through: Ms. Nandita Rao, ASC for the State.
Mr. Amit Mahajan, CGSC with Mr.
Rajat Nair and Mr. Dhruv Pande,
Advocates.
Mr. Rohit Meena, DCP Crime
alongwith Insp. Satish Malik, Crime
Branch.
Mr. Salman Khurshid and
Ms. Rebecca M John, Sr. Advocates
alongwith Mr. Fuzail A Ayyubi, Ms.
Akansha Rai, Mr. Ibad, Ms. Megha
Bahl, Ms. Amna and Ms. Jyoti,
Advocates for applicants in
CRL.M.A. Nos. 14486/2021 &
14487/2021.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
ORDER
% 16.03.2022 CRL.M.A. 3542/2022 (Directions)
1. Mr. Sanjoy Ghose, learned Senior Counsel for the petitioner, has Signature NotVerified Digitally Signed By:SANGEETAANAND handed over a copy of letter dated 15.03.2022 under the signatures of SHO/Hazrat Nizamuddin, Delhi, whereby, on consideration of the petitioner's representation, permission has been granted for restricted re- opening of the Masjid inside the Markaz premises on the occasion of 'Shab- E-Baraat' for offering religious prayers. The said letter reads as under :-
"1. Markaz management committee have to follow DDMA guidelines Dated 26.02.22 in which wearing of masks, maintaining social distancing, hand hygiene and ventilation in closed spaces is directed to be observed. The said guidelines shall be strictly followed by the management committee of Markaz.
2. Foreign citizens and OCI card holders both will not be allowed inside the Markaz premises, however, if some devotee of the foreign origin or OCI Card holder intends/insists to offer Namaj at Masjid Bangley Wali, then his identity details i.e. photo copy of his passport/OCI card along with photocopy of any other available photo identity card will be taken by management and will be submitted to SHO.
3. No Tablighi activities, in any manner whatsoever, will be permitted during the reopening period.
4. There will be a separate register on main entry gate for maintaining record of the devotees/Visitors.
5. CCTV cameras will be installed by the management committee on all entry and exit gates and other places/floors, under the close supervision of local police.
6. Ground + Three floors will be allowed for prayers of the Masjid Bangley Wali during Shab E Baraat.
7. Less than hundred devotees will be allowed at one floor to follow the social distancing norms.
8. Due to congested place/area number of devotees should be limited for the emergency conditions.
Signature NotVerified Digitally Signed By:SANGEETAANAND
9. Fully vaccinated peoples or asymptomatic persons will be allowed in the premises.
10. Volunteers will be placed for the crowd management in parking lots and outside the building.
11. Lodging of the devotees will not be allowed inside the premises.
12. Ground + Three floors of Masjid Bangley Wali will be reopened at 12 PM one day before 'Shab E Baraat' and will be closed on the next day of 'Shab E Baraat' at 4 PM.
13. All the activities during the reopening will be recorded and footage of the said activities will be produced to the undersigned."
2. Mr. Sanjoy Ghose, learned Senior Counsel for the petitioner, has raised objections regarding certain conditions stipulated in the aforementioned letter.
3. After some submissions, both Mr. Sanjoy Ghose and Mr. Rajat Nair, on behalf of the parties, have mutually agreed that the conditions may be read to have been modified as follows:-
i) So far as Condition No. 2 is concerned, the Management of the petitioner will display a board at the entry gates of the Masjid, specifying the condition, as stated in the letter.
ii) So far as Condition No. 3 is concerned, the expressions 'No Tablighi activities, in any manner whatsoever' will be read to mean that 'no activity other than offering of Namaz and religious prayers' will be permitted during the re-opening period.
iii) So far as Condition No. 4 is concerned, the same will be considered as deleted.
Signature NotVerified Digitally Signed By:SANGEETAANAND
iv) So far as Condition No. 5 is concerned, the CCTV cameras already installed in the premises of the Masjid will continue to operate and no new CCTV camera will be installed.
v) So far as Condition No. 6 is concerned, learned Senior Counsel for the petitioner, on instructions and without prejudice to the rights and contentions of the petitioner, agrees at this stage for the re-opening only of the ground plus three floors of Masjid Bangley Wali on the occasion of 'Shab-E- Baraat'.
vi) So far as Condition Nos. 7, 8 and 9 are concerned, 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.
vii) So far as Condition No. 11 is concerned, the application will be restricted only to lodging of the devotees in the 'hostel' in the Markaz premises.
viii) So far as Condition No. 13 is concerned, the CCTV footage will be preserved, but provided as and when demanded/required.
4. Both the parties have further agreed that the remaining conditions will be complied with.
5. Insofar as the permission letter relates to the re-opening of the Masjid only for the occasion of 'Shab-E-Baraat', the petitioner shall be at liberty to make appropriate application to the concerned SHO on the occasion of Signature NotVerified Digitally Signed By:SANGEETAANAND 'Ramzaan'. In case of any grievance, the petitioner shall also be at liberty to approach this Court for redressal.
6. Re-notify on 31.03.2022.
MANOJ KUMAR OHRI, J MARCH 16, 2022 ga Click here to check corrigendum, if any Signature NotVerified Digitally Signed By:SANGEETAANAND