nizamuddin markaz

Delhi HC Allows Reopening of Nizamuddin Markaz During Ramazan With Riders

Justice Jasmeet Singh said that no “Tablighi activities” and lectures can take place on the premises and only prayers can be offered.

New Delhi: The Delhi high court on Friday allowed the re-opening of certain areas of Nizamuddin Markaz, where the Tablighi Jamaat congregation was held in March 2020 amid the COVID-19 pandemic and has remained shut since then, to enable devotees to offer prayers during the month of Ramzan.

The court overruled the Delhi Police’s earlier directive, which said prayers would be allowed only on four of the five floors of the mosque at the Markaz. The court also said that the arrangement would be permitted only for the month of Ramzan culminating with Eid Ul Fitr.

Justice Jasmeet Singh, who was hearing a plea by the Delhi Waqf Board seeking a direction to open the mosque for the holy month, clarified that no “Tablighi activities” and lectures can take place on the premises and only prayers can be offered.

“It is directed that for Ramadan, namaz and religious prayers shall be permitted to be offered on the ground floor and four floors at Masjid Bangle Wali. This arrangement is only for the one month of Ramzan culminating with Eid Ul Fitr,” ordered the court.

“Religious prayers and namaz (are allowed) but no Tablighi activities. Let’s not dilute it. There will be no lectures. Prayers can be made. But no lectures,” the court stated.

It added that the instant permission was in continuation of the March 16 order which imposed various conditions for the reopening of the premises for the occasion of Shab-e-Bharat.

The court further directed the installation of CCTV cameras at the entry, exit and staircase of each floor of the premises and said that it shall be the responsibility of the Markaz management to ensure that the cameras would be fully functional during the period of Ramzan.

Also read: Nizamuddin Markaz Reopened For Two Days on Delhi HC’s Orders

For the occasion of Shab-e-Bharat, the court had removed the 100-person limit on one floor and said it had been agreed that the management of the mosque would ensure that COVID-19 protocols and social distancing will be followed while allowing devotees to enter the mosque to offer namaz.

Lawyer Rajat Nair, appearing for Delhi police and the Union government, opposed the grant of permission to offer prayers on the fourth floor and said that mosque was only restricted to the ground floor which is borne out of the site plan.

“If there are more floors, there is more space… If there is a reason (to oppose the opening of the fourth floor), tell us. More surface area, better it is. More area is always conducive,” the court remarked.

The judge stated that as per the joint inspection report, the fourth floor was part of the masjid area, and the present observations were only prima face and subject to adjudication.

The government lawyer also said that no “Tablighi activities” and lectures can be permitted in the Markaz and only prayers are allowed.

Senior advocate Sanjoy Ghose, appearing for the petitioner, and senior advocate Rebecca John, representing the management of the Markaz, urged the court to permit the offering of prayers on the fourth floor as well.

The application for reopening the Markaz was filed in the Board’s 2021 petition which has sought the reopening of the premises on the ground that even after unlock-1 guidelines permitted religious places outside containment zones to be opened, the Markaz – comprising the Masjid Bangle Wali, Madarsa Kashif-ul-Uloom, and attached hostel – continues to be locked up.

The high court had earlier asked the petitioner, represented through advocate Waqeeh Shafiq, to file an application before the SHO of Hazrat Nizamuddin Police Station seeking permission to open the other three floors of Nizamuddin Markaz to enable devotees to offer prayers during the two occasions.

The Union government, in its affidavit, opposed fully re-opening the Nizamuddin Markaz and stated that only a few people may be allowed to offer prayers on certain religious occasions.

The counsel for the Delhi Waqf Board argued that the mosque, which is under the lock of the Delhi Police, should be opened as the Delhi Disaster Management Authority (DDMA) now lifted all restrictions that were imposed on account of the pandemic.

Several FIRs were registered under the Epidemic Diseases Act, the Disaster Management Act, the Foreigners Act and various provisions of the penal code in connection with the Tablighi Jamaat event held at the Nizamuddin Markaz and the subsequent stay of foreigners there during the COVID-19 lockdown in 2020.

(With PTI inputs)

Nizamuddin Markaz Reopened For Two Days on Delhi HC’s Orders

Devotees will be able to offer prayers on Shab-e-Barat.

New Delhi: Two years after it was shut due to alleged violation of COVID-19 norms, the Nizamuddin Markaz here reopened on Thursday for two days to allow devotees to offer prayers on Shab-e-Barat.

The Delhi high court had on Wednesday allowed the reopening of three floors of the markaz, saying the management of the mosque will ensure that COVID-19 protocols are followed by the visitors.

According to police, the doors of the Markaz were opened at around 12:30 pm.

“The doors of the Markaz were opened by police today in accordance with the high court order,” said Fuzail Ahmed Ayubi, the counsel of the management committee of the markaz.

Nizamuddin Markaz was at the centre of a controversy in March 2020 when several people who attended a congregation held by Tablighi Jamaat contracted COVID-19. The markaz was shut thereafter.

In its order, the court noted that the ground floor and three other floors of the mosque building will be opened at 12 pm one day prior to Shab-e-Barat, which is on March 18, and will be closed the next day at 4 pm.

Justice Manoj Kumar Ohri removed the restriction of putting a limit of 100 people on one floor and said it has been agreed that the management of the mosque will ensure that COVID-19 protocols and social distancing will be followed while allowing devotees to enter the mosque to offer namaz.

The court has ordered the markaz management committee to follow the February 26 Delhi Disaster Management Authority (DDMA) guidelines in which wearing of masks, maintaining social distancing, hand hygiene and ventilation in closed spaces is directed to be observed.

The counsel said that the management committee will strictly follow all DDMA guidelines, and crowding will not be allowed.

“The committee will follow all DDMA guidelines. All COVID-19 guidelines, including maintaining social distancing and wearing of mask, will be followed. Thermal screening will be put in place and it will also be ensured that no crowding takes place in the premises,” Ayubi said.

The court was hearing an application by the Delhi Waqf Board seeking that the mosque be opened in view of Shab-e-Barat and Ramzan in March and April.

It listed the matter for March 31 to decide on the issue of reopening the mosque during Ramzan which will begin from April 2.

The counsel for the board had earlier said that the mosque, which is under the lock of Delhi Police, should be opened as the DDMA has now lifted all restrictions that were imposed on account of the pandemic.

In its application, the board said last year on the two occasions – Shab-e-Barat and Ramzan – the high court had permitted prayers in the mosque.

It said the current strain of COVID-19, Omicron, was not as severe and fatal as the Delta variant and as the conditions have improved, physical hearings of all courts have resumed, schools, clubs, bars, and markets have also reopened, therefore, there is no impediment to direct reopening of this waqf property.

The application was filed in the board’s petition which has sought the reopening of the premises and contended that even after ‘unlock one’ guidelines permitted religious places outside containment zones to be opened, the markaz – comprising the Masjid Bangle Wali, Madarsa Kashif-ul-Uloom, and attached hostel – continues to be locked up.

On April 15, 2021, the court had allowed 50 people to offer namaz five times a day at Nizamuddin Markaz during Ramzan, saying there is no direction in the DDMA notification to close down places of worship.

Can’t Fully Open Nizamuddin Markaz, Few May Offer Shab-E-Barat, Ramzan Prayers: Centre to Delhi HC

The fully re-opening of Nizamuddin Markaz, closed since March 2020, has been opposed by the Union government before the Delhi High Court.

New Delhi: The Union government on Friday, March 4 opposed, before the Delhi high court, fully re-opening the Nizamuddin Markaz, stating that a few people may be allowed to offer prayers on upcoming religious occasions.

The markaz is where the Tablighi Jamaat congregation was held in March 2020, amidst the COVID-19 pandemic. It has remained shut since then,

The government’s counsel, Rajat Nair, told Justice Manoj Kumar Ohri, who was hearing a plea by the Delhi Waqf Board to open the mosque in view of Shab-e-Barat and Ramzan in March and April, that the mosque is a case property and the petitioner board has no locus to seek its re-opening.

Nair said that on earlier occasions, a concession was given to allow a few people to offer prayers, subject to conditions and that there was no objection with respect to such an arrangement this time as well.

The counsel appearing for the petitioner said that the mosque, which is under the lock of the Delhi Police, should be opened as the Delhi Disaster Management Authority (DDMA) has now lifted all restrictions that were imposed on account of the pandemic.

The judge listed the case for hearing next week and asked the petitioner to bring the DDMA order on record.

Also Read: From the Kumbh to Ramzan, Contrasting Court Orders in COVID Times

Several FIRs were registered in connection with the Tablighi Jamaat event held at the Nizamuddin Markaz and the subsequent stay of foreigners there during the COVID-19 lockdown last in 2020 under the Epidemic Diseases Act, the Disaster Management Act, Foreigners Act and various provisions of the Indian Penal Code (IPC).

In its application filed, through advocate Waqeeh Shafiq, the petitioner has said that last year during the two occasions in question – Shab-e-Barat and Ramzan – the high court had permitted prayers in the mosque.

It has said the current strain of COVID-19, Omicron, was not as severe and fatal as the Delta variant and as the conditions have improved, physical hearings of all courts have resumed, schools, clubs, bars and markets have also reopened, therefore, there is no impediment to the direct reopening of this waqf property.

The application was filed in the Board’s petition, which has sought the reopening of the premises and contended that even after Unlock – 1 guidelines permitted religious places outside containment zones to be opened, the Markaz – comprising the Masjid Bangle Wali, Madarsa Kashif-ul-uloom and an attached hostel – continues to be locked up.

It has stated that even if the premises was part of any criminal investigation or trial, keeping it “under lock as an out-of-bounds area” was a “primitive method” of the enquiry process.

Last year, the court had questioned the Union government as to how long it intended to keep the Markaz locked, saying it can’t be kept that way forever.

In its affidavit, affirmed by the Deputy Commissioner of Police, Crime, the Union has told the court that it was necessary to preserve the Markaz property as the investigation in the case registered for violation of the COVID19 protocols has cross-border implications and involves the nation’s diplomatic relationship with other countries.

On April 15, 2021, the court had allowed 50 people to offer namaz five times a day at the Markaz during Ramzan, saying there is no direction in the DDMA notification to close down places of worship.

(PTI)

SC Concerned Over Communal Tone of News Channels, Social Media’s Lack of Accountability

The SC was hearing the Jamiat Ulama-i-Hind and Peace Party’s pleas on directions to stop media outlets from spreading fake news on the Tablighi Jamaat congregation of March, 2020.

New Delhi: Hearing a plea against the spread of fake and communal news on the Tablighi Jamaat meeting in New Delhi and its effect on the spread of COVID-19, the Supreme Court on Thursday, September 2, expressed serious concern over the fact that false news is spread through social media platforms and digital portals with few checks.

The apex court said that social media giants, when hauled up, do not respond to judges either, reported LiveLaw.

“Twitter, Facebook or YouTube…they never respond to us and there is no accountability. About the institutions they have written badly and they don’t respond and say this is their right. They only worry about powerful men and not judges, institutions or common man. That is what we have seen,” the bench headed by CJI N.V. Ramana noted. The bench also comprised Justices Surya Kant and A.S. Bopanna.

The Jamiat Ulama-i-Hind and Peace Party were seeking directions to stop media outlets from spreading fake news on the Tablighi Jamaat congregation that took place at Nizamuddin Markaz in March, 2020.

Aided by the government, attendees of the meeting came in the face of a vicious campaign on news channels and social media, where they were branded “super spreaders” after travelling back to their homes across India following the Markaz.

The Tablighi Jamaat was blamed for spreading the disease, with several attendees – including foreigners – charged under sections of the Indian Penal Code, the Epidemic Diseases Act and the National Disaster Management Act and Foreigners Act. The communal nature of their vilification was apparent, with channels leading news coverage with coinages like ‘corona jihad‘.

The Home Ministry had blacklisted 2,550 Tablighi Jamaat members from nearly 40 countries who were staying in India during the nationwide coronavirus lockdown. Photo: PTI

The Supreme Court pointed out on Thursday that a section of news channels depict all news with a communal tone.

“Everything shown in a section of private news channels bear a communal tone. Ultimately, this country is going to get a bad name. Did you ever attempt to regulate these private channels,” said the bench.

The bench also highlighted the role played by YouTube channels in this regard.

“If you go to YouTube, so much is shown in one minute. You can see so how much fake news there is. Web portals are not governed by anything. There is an attempt to give communal colour to news and that is a problem. Ultimately it brings a bad name to the country,” it said.

Solicitor General of India Tushar Mehta responded to the Supreme Court’s concerns with the rejoinder that the new Information Technology Rules, 2021 – against which several petitions are being heard in the high courts – apparently take care of these issues.

“This is what is taken care under IT Rules,” he said.

He also said that not only communal but also planted news is spread similarly.

The top court agreed to hear after six weeks the Centre’s plea seeking transfer of petitions from various high courts to itself on the issue of newly-enacted IT rules meant to regulate online content including social media and web portals.

COVID-19: Delhi HC Allows 50 People to Offers Prayers at Nizamuddin Markaz During Ramzan

The court refused to increase the number of people or allow use of other floors of the mosque for offering prayers.

New Delhi: The Delhi high court on Thursday, April 15, allowed 50 people to offer namaz five times a day at the Nizamuddin Markaz mosque during Ramzan.

Justice Prathiba M. Singh directed the Station House Officer of Nizamuddin police station to permit entry of 50 people five times a day to offer namaz only on the first floor of the Masjid Bangley Wali.

The court declined to increase the number of people or allow use of other floors of the mosque for offering prayers as sought by senior advocate Ramesh Gupta on behalf of the Delhi Waqf Board, but allowed them to move an application before the SHO for the same.

The court said the SHO may decide any such application moved by the Board in accordance with the law.

Also read: ‘Maa Ganga’s Blessings in Flow, There Should Be No Corona’: Uttarakhand CM on Kumbh Vs Markaz

It also said that its order would be subject to any notification issued by the Delhi Disaster Management Authority (DDMA) in view of the increasing number of COVID-19 cases in the national capital, which recorded the biggest single-day jump of 17,282 COVID-19 cases.

On April 12, the Delhi high court had observed that there cannot be a limit on the number of devotees allowed inside the Nizamuddin Markaz if no other religious place has a similar restriction in light of the COVID-19 surge.

Justice Mukta Gupta had allowed the mosque to remain open for prayers, rejecting the Centre and Delhi Police’s submission that a cap be enforced.

The Markaz was at the centre of pitched criticism in March 2020, after members who had attended the Tablighi Jamaat event tested positive for COVID-19. Hundreds, including attendees from Indonesia, Bangladesh and Malaysia, were taken into quarantine for months. In many states, they were sent straight to jail. Some are still awaiting trial, The Wire had recently reported.

Meanwhile, the Bombay high court, on April 14, rejected the Juma Masjid Trust’s plea to allow 50 devotees to offer prayers at a time during Ramzan.

Religious gatherings at a time of escalating case counts have proven to worsen the COVID-19 situation, as is evident from the fact that over 1,700 people have tested positive for COVID-19 in the Haridwar Kumbh Mela area from April 10 to 14, confirming fears that one of the world’s largest religious gatherings may contribute further to the rapid rise in coronavirus cases.

(With PTI inputs)

COVID-19: Bombay HC Rejects Juma Masjid Plea to Allow Devotees to Offer Namaz During Ramzan

The trust said that the mosque could accommodate 7,000 people at a time but pleaded that in the light of the health crisis, only 50 people be allowed inside.

New Delhi: In light of a surge in COVID-19 numbers, the Bombay high court on Wednesday, April 14, rejected the Juma Masjid Trust’s plea to allow 50 devotees to offer prayers at a time during the ongoing holy month of Ramzan, the Indian Express reported.

A bench of justices R.D. Dhanuka and V.G. Bisht was hearing a petition by the trust which cited that devotees be allowed inside “in exercise of right to freedom of religion”. The trust said that the mosque could accommodate as many as 7,000 people at a time but pleaded that in the light of the health crisis, only 50 people be allowed inside to offer namaz or prayers during the holy month.

Taking into account the rising number of COVID-19 cases in the state, and the Maharashtra government’s April 13 circular on lockdown-like curbs, the court denied permission to the mosque for holding prayers. The state government has directed that places of worship remain closed till May 1, 2021.

Also read: ‘Nizamuddin Markaz Can’t Have Devotee Cap If No Other Religious Place Does’: Delhi HC

According to the report, the high court observed that “while the right to follow religious practices is important, the public order and safety of citizens during the COVID-19 surge is of paramount importance.”

The court order said, “…Article 25 of the Constitution of India though permits all persons equally entitled to freedom of conscience and the right to freely profess, practice and propagate religion, the same is subject to public order, morality and health.”

Therefore, if such congregation is allowed, then it would seriously affect the public order and health, violating the condition imposed under Article 25 of the Constitution of India, the order added.

The Express report further said, citing the petitioners had also added that the mosque would follow all safety precautions and COVID-19 protocols.

Also read: ‘Maa Ganga’s Blessings in Flow, There Should Be No Corona’: Uttarakhand CM on Kumbh vs Markaz

The counsel representing the petitioner sought this relaxation in the light of the April 12 order of the Delhi high court which allowed prayers at the Hazrat Nizamuddin mosque with COVID-19 protocols.

The Delhi high court observed that “there cannot be a limit on the number of devotees allowed inside the Nizamuddin Markaz if no other religious place has a similar restriction in light of the COVID-19 surge.”

Meanwhile, thousands of devotees continue to attend the Kumbh Mela in Uttarakhand as COVID-19 cases surge.

Citing the Warkari Seva Sangh and Anr vs. The State of Maharashtra and Durga Jan Seva Trust vs. Government of NCT of Delhi cases, the Bombay high court noted that several other courts in the country have in the past rejected similar pleas with respect to religious congregations, in view of the COVID-19 pandemic.

‘Nizamuddin Markaz Can’t Have Devotee Cap If No Other Religious Place Does’: Delhi HC

Justice Mukta Gupta has allowed the mosque to remain open for prayers, rejecting the Centre and Delhi Police’s submission that a cap be enforced.

New Delhi: The Delhi high court has observed that there cannot be a limit on the number of devotees allowed inside the Nizamuddin Markaz if no other religious place has a similar restriction in light of the COVID-19 surge, Indian Express has reported.

Justice Mukta Gupta has allowed the mosque to remain open for prayers, rejecting the Centre and Delhi Police’s submission that a cap be enforced. The order comes on a day when news of thousands of devotees crowding the Kumbh Mela in Uttarakhand has raised questions on negligence, even as India is faced with a significant surge in COVID-19 numbers.

In reply to the Centre and Delhi Police’s request that only 20 devotees be allowed at a time out of a “police-verified list of 200 persons,” Justice Gupta said that the mosque does not need to have a fixed number of devotees when no other place of religious worship does.

The Delhi Waqf Board had told the court that it would be difficult to draw up such a list and instead promised to follow all protocol.

“A 200-people list is not acceptable, that cannot be,” the court said, according to Express. Justice Gupta suggested that a list of people in charge of managing the mosque can be handed to the local station house officer.

Also read: Uttarakhand CM Just Doesn’t Get It When He Says We Shouldn’t Compare Kumbh to Markaz

“By virtue of these notifications, which have been issued recently, for religious places, have you curtailed the gathering to 20 at a time? What is the maximum number which you have given for each of the religious places,” the court also asked the Centre’s counsel Rajat Nair, to which the latter said that there was no limit.

The court reportedly ordered the local SHO to oversee the inspection of the mosque so as to determine the number of people who can offer prayers in accordance with social distancing rules and Delhi Disaster Management Authority (DDMA) guidelines.

The court also asked authorities to designate where prayer mats can be placed and listed the matter to be heard on Tuesday, April 13.

Watch | Tablighi Jamaat: A Year on, Some Attendees Still Await Trial, Others Struggle to Return Home

Since March 2020, the building has been under lock and key. The Markaz building was opened for Shab-e-Barat prayers in late March 2021, with a cap on 50 people.

When Nair brought up the matter of the Nizamuddin Markaz being “case property”, Justice Gupta observed that nobody was going to remove the building and police was free to conduct investigations.

Express has reported that the Delhi Waqf Board had earlier approached the court saying that the Masjid Bangley Wali, Madarsa Kashif-ul-uloom and the attached hostel situated at Basti Hazrat Nizamuddin have been locked for a year as well, and as a result not only has the public been stopped from entering the premises to access the mosque, but students too have not been allowed to continue with their studies and the clerics’ hostel too has remained empty.

“It has also been mentioned in the petition that police have put locks on the entire premises ostensibly in connection with an FIR registered by the police on March 31 last year on the premise that Maulana Mohd Saad and Markaz management allegedly deliberately and negligently violated the government directions and guidelines, but no formal seal has been put on the premises,” the report noted.

Nizamuddin Markaz Reopens for Prayers With a Cap on Visitors

Last Wednesday, the Centre informed the Delhi high court that selected individuals would be permitted to offer prayers at the mosque after their names were provided to the SHO of the local police station.

New Delhi: The Nizamuddin Markaz building was opened for Shab-e-Barat prayers on Sunday, nearly a year after it was shut down, with the number of permitted visitors capped at 50, reported the Indian Express.

The Nizamuddin Markaz, a mosque in South Delhi, had been sealed in mid-March and hundreds of followers who had attended the Tablighi Jamaat event, including some from Indonesia, Malaysia and Bangladesh, were taken into quarantine for months. In Jharkhand, Uttar Pradesh, Maharashtra, Karnataka, Tamil Nadu and other states, they were sent straight to jail.

The locality was subsequently declared a COVID-19 hotspot and charged many of the attendees under several sections of the Indian Penal Code, the Epidemic Diseases Act and the National Disaster Management Act and Foreigners Act for defying government restrictions.

Last Wednesday, the Centre informed the Delhi high court that 50 people chosen by the state wakf board would be permitted to offer prayers at the mosque on the occasion of Shab-e-Barat after the names of the selected individuals were provided to the station house officer of the local police station.

Speaking to the national daily about the reopening of the mosque, a Tablighi Jamaat member, who visited the markaz on Sunday, said, “It is good that it has been opened but more people should have been allowed. We are happy to obey rules but there should be stricter implementation in gatherings across India during elections, where social distancing is being ignored.”

He also lamented the treatment members of the Jamaat were subjected to by the government and media. “The media declared us human bombs when the fact was that people here were trapped like at many other places across the world due to sudden lockdown.”

Watch | Tablighi Jamaat: A Year on, Some Attendees Still Await Trial, Others Struggle to Return Home

At 8 pm on Sunday, the police ordered the ordered closure of shops in the market surrounding the markaz. Some locals asked police officials to let them enter but were turned back. “This is festival time and Covid is spreading fast. We cannot allow many people to gather,” said an officer.

A volunteer at the Markaz pointed out that the building had a capacity to accommodate thousands and hence social distancing norms were maintained inside the premises. “Fifty people have been allowed as of now… Government guidelines are being strictly followed. We hope that just like other places, be it a masjid, mandir or a gurdwara, where visitors have been allowed, people are allowed here too,” he said,

In its plea before the high court, the Wakf Board had contended that even after Unlock-1 guidelines permitted religious places outside containment zones to be opened, the Markaz – comprising of the Masjid Bangley Wali, Madarsa Kashif-ul-uloom and a hostel – was still locked up. The Centre’s permission for 50 visitors came after the Waqf Board urged the court to permit some individuals to pray at the mosque for Shab-e-Barat and said that only the mosque would be used and not the madrasa.

Watch | Tablighi Jamaat: A Year on, Some Attendees Still Await Trial, Others Struggle to Return Home

On March 24, 2020, when Prime Minister Narendra Modi suddenly announced the nationwide lockdown, the men, women and children joining the Tablighi Jamaat were distraught.

About a year ago, around 3,500 foreigners came to India to participate in Tablighi Jamaat’s programme in Nizamuddin, a mosque located in south Delhi. On March 24, 2020, when Prime Minister Narendra Modi suddenly announced the nationwide lockdown, the men, women and children joining the Tablighi Jamaat were distraught, as they had only four hours to prepare for this grave situation.

When the lockdown was announced, the Jamaat people joined the small local mosques located in different places in the country, and the police of every state treated them differently. In Delhi, around 960 foreign nationals were held at quarantine centres for many months. In Jharkhand, Uttar Pradesh, Maharashtra, Karnataka, Tamil Nadu and other states, they were sent straight to jail.

Read the article here.

Tablighi Jamaat: A Year on, Some Attendees Still Await Trial, Others Struggle To Return Home

For this year’s event, restrictions on physical meetings and last year’s experience mean that fewer people are likely to attend.

Mumbai/New Delhi: Nearly a year ago, around 3,500 foreign nationals had visited India to attend the Tablighi Jamaat event at Nizamuddin Markaz, a mosque in South Delhi. The gathering, including men, women and children, soon found itself in a quandary when Prime Minister Narendra Modi announced a nationwide lockdown on March 24, 2020, giving them less than four hours to prepare for its onset and many dire implications.

By the time lockdown was announced, several attendees had moved to different parts of the country, to attend smaller gatherings at local mosques. And different state police forces responded in a different manner. In Delhi, around 960 foreign nationals were held at quarantine centres for many months. In Jharkhand, Uttar Pradesh, Maharashtra, Karnataka, Tamil Nadu and other states, they were sent straight to jail.

The police accused them of being “super-spreaders” – a derogatory term applied to people who were thought to spread the novel coronavirus to many other people – and charged them under several sections of the Indian Penal Code, the Epidemic Diseases Act and the National Disaster Management Act and Foreigners Act for defying government restrictions. Police in some states also applied the unbailable charge of ‘attempt to murder’.

The country’s sub-par preparedness at the time for the COVID-19 epidemic was blamed on the foreign visitors stuck in India. Both the government and several sections of the media played a crucial role in criminalising those attending the Tablighi Jamaat.

A year on, around 146 of the 3,500 or so attendees are still struggling to find their way home; 26 among them still await trial.

The cases in Uttar Pradesh were divided into regions. Bareilly handled cases in nine districts, of which two – in Moradabad and Bijnor – are still pending. The Allahabad high court had directed the Bareilly trial court to complete these trials in eight weeks, but to no avail. Of the 26 who face trial, 16 are Indonesian and 10 are Thai.

Lawyers coordinating the trial told The Wire that in October last year, after the high court’s direction, the trial court had received the relevant legal papers – but continued to drag its feet. “Meanwhile, the Jamaat has continued to support those left behind, in some cases even their families back home,” one lawyer said.

Although the principal Tablighi Jamaat event was held in Delhi, not one of the 960 foreign nationals were sent to jail. “They were kept in quarantine; in some cases, the quarantine extended to several weeks. But no one faced incarceration,” advocate Fuzail Ahmad Ayyubi said. But this wasn’t the case in other states.

And it didn’t matter which party governed each of these states – foreign nationals were promptly sent to jail for anywhere between a few weeks to several months. Those in Uttar Pradesh in particular faced prolonged incarceration; the affected individuals’ prospects were pretty grim in Maharashtra, Karnataka and Tamil Nadu as well. Tamil Nadu had in fact set up a detention centre exclusively for tourists attending the Tablighi Jamaat.

Also Read: Tamil Nadu Has Created a Detention Camp Just to Hold 129 Foreign Tablighi Jamaat Members

A network of lawyers from around the country took shape over and above those directly affiliated with the Jamaat to help with these cases, in addition to many others who participated pro bono.

“The coordination team also involved embassy representatives and local social workers,” said Maulana Saeed Shaikh from Mumbai. Shaikh was responsible for cases in Maharashtra, and said he was shaken by the state of the people.

“We had put in all our energy, resources and best legal team – but one can’t imagine the plight of those stuck in a foreign land for this long,” he said. “I was particularly disturbed to know that the nine foreigners accused in Shahjahanpur had been in jail for close to 10 months. They were released only in January.”

Despite these long jail terms, most states didn’t manage to convict the detainees. For example, of the individuals in Delhi, over 920 opted for “plea bargains” – an agreement between the prosecution and the defence such that the accused person pleads guilty to receive a lesser punishment. The lawyers said they picked this option because they were desperate to return to their homelands. The remaining 36 were firm and wished to face trial come what may – and were all acquitted. It was a similar story in almost all states.

One lawyer in Delhi described the foreigners as “hostages”. “Look at the charges they were booked under. They were really not accused of committing some crime but were held hostages. And when you are held hostage, you don’t really get to choose,” the lawyer said.

Health workers prepare to sanitise an area near Nizamuddin mosque on April 1. Photo: PTI

A different meeting this year

This year’s Jamaat meeting is different – partly because of the impact the state crackdown had on the visitors and of travel restrictions in different countries. “Many are yet to return,” Shaikh said. “where is the question of anyone [coming back] to the country?”

The last year has been surreal, Omair , a Thai national who came to India in the first week of March 2020, said. As the situation intensified in Delhi, Omair and 14 others travelled to Mumbra in suburban Thane district, Maharashtra.

“We were told it would be relatively safer here. We stayed in the mosque for a few days, but things changed,” Omair said. “From being foreign tourists, we were now the ‘super spreaders’.”

Omair and some others were first placed in a quarantine facility for close to a month, and then the Thane crime branch arrested them.

It was Omair and co.’s sixth visit to India – and “it might just be the last one. The stress that my family and I went through is inexplicable.”

Even those still stuck in India are avoiding the Jamaat this year. “There are serious apprehensions of a police crackdown,” one of last year’s Jamaat attendees said. “We aren’t willing to risk our lives again.” He, his brother and nephew had originally planned a month-long trip to India; it got stretched to a year.

In Delhi, the Nizamuddin Markaz, a mosque in South Delhi and the global headquarters of the Tablighi Jamaat network, has been locked since last March 2020. Almost all Indian states have lifted restrictions on visiting religious places – but the Markaz remains out of bounds. A part of it that housed thousands of pilgrims hasn’t been sealed but is in police control.

Most interstate visitors this year have been accommodated at alternative venues in and around Delhi. These spaces are smaller but Jamaat members are finding them good enough since only local visitors are attending this year.

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The experience was scarring but many of last year’s attendees said they don’t want to be bitter. In Delhi this year, at a makeshift centre at a masjid in Zakir Nagar, some 5 km from Nizamuddin Markaz, The Wire met a 60-year-old man from Bihar. A regular visitor who has experienced the event both in its full glory and as the fiasco last year, he said they are all here at the service of Allah and that they don’t want to be resentful: “All this is impermanent, then why complain?”

The Delhi Waqf Board has moved the Delhi high court to retake custody of the Nizamuddin Markaz. “As far as we know, the space was never sealed – but access is denied,” standing counsel Wajeeh Shafiq told The Wire. “During the namaaz hours, one or two persons are allowed into the space to offer prayers, and it is instantly locked. We have moved the court seeking custody of the place.”

In the writ petition filed before the court, the Waqf board has said “the local police have put locks on the entire premises ostensibly for the purpose of its sanitisation and the said premises are lying locked since then, i.e. almost a year.”

The petition continues:

“Assuming that the said premise has got anything to do with the aforesaid FIR, then instead of keeping the said Waqf property under lock for an indefinite period, it would be better that a scaled map or digital sketch of its interiors are prepared in the presence of witnesses, videography and photography is done and the property be reopened.”

The Delhi police had to submit its response last week. It hasn’t yet.