The Delhi High Court on Monday issued notice to the State government on a plea filed by the mother of the chief of Nizamuddin Markaz, Maulana Saad, against arbitrarily sealing their residential premises under the pretext of "preservation of site for investigation". (Smt Khalida v State and Ors.)
Justice Yogesh Khanna also ordered the Delhi Police to return the keys of residence to the petitioners within two days.
Senior Advocate Rebecca John and Advocate Fuzail Ahmad Ayyubi appearing on behalf of the petitioner, submitted that their premises were sealed since April 4, 2020 and keys of the premises were given to Police authorities.
The 73-year-old petitioner has been living at her relatives' house since then, the plea pointed out.
It was contended that the premises were sealed because Saad is being investigated regarding the Tablighi Jamaat gathering which took place in March 2020 in violation of the Epidemic Diseases Act,1897 and Disaster Management Act, 2005, allegedly contributing to the spread of COVID-19.
The FIR filed in 2020, alleging violation of covid protocols referred to persons and the Mosque situated at 168, Basti Hazrat Nizamuddin, famously known as "Bangle Wali Masjid".
However, not only the Bangle Wali Masjid was sealed but also the entire Markaz premises including the residence of the Petitioner was vacated and locked for the purported purpose of sanitization and disinfection by the authorities.
The Peitioners fully cooperated with the authorities, and handed over the keys of the Markaz, including the residence to the Delhi Police.
The plea states that they were told their premises are being sanitized, for the limited purposes of sanitization and disinfection, in light of the pandemic of Covid-19. And they received no communication regarding "Sealing the premises".
However, as several months elapsed since the handing over the keys, they were compelled to reside at the place of their friends and relatives barred from accessing their own residence.
Senior Advocate Amit Ahlawat appearing for the State, accepted notice.
The matter will be heard again on December 9, 2021.