The Delhi High Court has sought response of the Centre, AAP government and the police on a plea seeking opening of the Nizamuddin Markaz where the Tablighi Jamaat was held and has been locked since March 31 last year. Justice Mukta Gupta issued notice to the Ministry of Home Affairs, Delhi government and the Delhi Police seeking their stand on the petition filed by the Delhi Waqf Board.
The Board has contended that even after unlock-1 guidelines permitted religious places outside containment zones to be opened, the markaz, comprising the Masjid Bangley Wali, Madarsa Kashif-ul-uloom and attached hostel, continues to be locked up.
It has further contended that even if the premises was part of any criminal investigation or trial, keeping it "under lock as an out of bound area" was a "primitive method" of enquiry process.
An FIR has been registered under the Epidemic Diseases Act, the Disaster Management Act, Foreigners Act and various provisions of the penal code in connection with the Tablighi Jamaat event held at the markaz and the subsequent stay of foreigners there during the COVID-19 lockdown.
Several foreign nationals had also participated in the event, which had triggered a row. Earlier this week, a court in Lucknow imposed a fine of Rs 1,500 each on 49 foreign nationals for taking part in a Tablighi Jamaat event in Delhi during the COVID-19 pandemic last year.
Police had registered cases at different police stations in Lucknow and other districts under various IPC sections and the Epidemic Diseases Act.
The 49 foreign nationals pleaded that they all were tourists and had come to India on valid visas. The move comes a month after the Union government, in a Right to Information (RTI) response, said that even Overseas Citizen of India cardholders, who wish to practice Tabligh work, need to apply for a separate visa.
According to an official 2019 notification of the Ministry of Home Affairs, registered OCI cardholders are entitled to the multiple-entry lifelong visa for visiting India for any purpose, but need special permission to undertake 'missionary, mountaineering, journalism and Tabligh' activities.