A court in Delhi on Wednesday stayed an order directing Delhi Police to unlock the residential portion of the Nizamuddin Markaz, which was locked after a case was registered against several people attending a religious congregation in violation of COVID-19 guidelines in March.
Additional Sessions Judge (ASJ) Sandeep Yadav passed the direction on a plea by Delhi police, which approached the sessions court against an order passed by a magisterial court on September 11.
The magistrate had directed Delhi Police to inspect the premises within five days and hand over to the family of Tablighi Jamaat chief Maulana Saad, the keys of the residential portion of the Nizamuddin Markaz.
The period was expiring today.
The sessions court also issued notice to Saad's mother Khalida, on whose application the magisterial court passed the order, and asked her response to police plea by October 8.
An FIR was registered against Saad and six others on March 31, after thousands of people, including foreign nationals, participated in the Tablighi Jamaat congregation at Nizamuddin Markaz and later many of them tested positive for COVID-19.
The Matropolitan Magistrate had directed Khalida and her family members to give an undertaking on an affidavit that they would not obstruct the investigation in any manner and the residential portion of the property shall only be used for residing purpose and they would not enter into any part other of the Markaz and its premises for any other purpose.
The court had said that every person, who is a citizen of India, is entitled to the right to life and liberty under the Constitution and the right to access to residential property would fall within one of the sacrosanct rights.
An FIR was registered against Tablighi Jamaat leader Maulana Saad Kandhalvi and six others on March 31 on a complaint of the Station House Officer of Nizamuddin under sections of the Epidemic Diseases Act, Disaster Management Act (2005), Foreigners Act and other relevant sections of Indian Penal Code.
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