The Delhi High Court Thursday allowed 50 people to offer namaz five times a day at Nizamuddin Markaz during Ramzan, saying there is no direction in the Delhi Disaster Management Authority (DDMA) notification to close down places of worship.
The court also noted that there was "no clear stand" of the central government whether religious congregations or gatherings were permitted in other places of worship.
Justice Mukta Gupta directed that namaz is to be offered on "first floor above the basement" of the mosque, making clear that it has to be "strictly in accordance" with the DDMA's April 10 notification and other standard operating protocols.
"Considering the fact that religious places/places of worship are not closed
by the DDMA notification, this court finds that the petitioner (Delhi Waqf Board) has made out a prima facie case for permitting devotees to offer namaz at Masjid Bangley Wali," the court said.
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, saying "day-by-day situation is getting worse in Delhi".
"Please wake up to the grim situation in Delhi," the court said.
However, on repeated requests by the senior lawyer that social distancing can be maintained on the other floors of the mosque, the court permitted the Board to move an application before the SHO for use on other floors.