New Delhi: The Delhi High Court on Monday ordered Delhi Police to hand over the keys to the residential part of the sealed Nizamuddin Markaz to its occupants, saying there was no order to seal or seize the local.
The premises were locked by the authorities following an FIR in connection with the Tablighi Jamaat congregation held there last year.
Judge Yogesh Khanna granted partial compensation to Khadija, the mother of Jamaat leader Maulana Saad, ordering that the keys be returned to her within two days and clarified that for the moment, the occupants cannot enter any part. non-residential property.
“We cannot allow people to reside in guest houses or anywhere other than their own home,” said the judge who further stated that “preservation of the site” under criminal proceedings did not mean to lock the place.
“What is it? What is Article 60 (Oral Evidence Law), Article 310 (Code of Criminal Procedure on Local Inspection)? What headings did you put in? Preserving a site does not mean locking it down. You take photos and move around the site. What was recovered? The case was only that people were living there “, observed the court when issuing a plea notice.
The elderly person challenged an order of the first instance court denying him access to his residence and requested a situation report from the police on the existence of an order on the foreclosure of the residential premises. The high court noted that the applicant lived on the premises with eleven members of his family and stated that they could not be allowed to stay in guest houses.
Senior Counsel Rebecca John, representing the Applicant, stated that these articles did not apply to the present case and that her client’s residence could not be stolen. She argued that section 310 gave no power to the police to lock up a residence.
The plea argued that neither the petitioner nor her family were aware of any orders made regarding the sealing of the property. The premises had been vacated for limited sanitation and disinfection purposes following the pandemic, he said.