The Petitioner, i.e a Mumbai-based Lawyer Ghanshyam Upadhye, has urged to transfer the case from Delhi Police to NIA.
The Petitioner says that despite enough time, the Delhi Police failed to arrest the leader. On 13-05-2020, Delhi Police opposed a plea in High Court to not assign the case of Maulana Saad for holding congregation in Lockdown to NIA.
A Bench of Justices Siddharth Mridul and Anup Jairam Bhambhani, conducting the hearing through video conferencing asked the petitioner to place the judgments in support of his plea.
Contentions by the Petitioner
Advocates Subhash Jha and Yash Chaturvedi representing Upadhyay claimed:
Delhi Police failed to arrest Maulana Saad even after giving an ample amount of time and Saad photograph being published in electronic media.
The plea claimed it is impossible for Maulana Saad to go underground for such a long time. It also claimed that the Delhi Police was incompetent to let Maulana Saad gather thousands belonging to Tablighi Jamaat in Delhi.
Further, media reports and evidence collected by the Delhi police states it is a conspiracy by Maulana Saad. His companion also supported him in spreading COVID-19 in different parts of the country. They had an ulterior motive of causing massive death all over the country.
On 31-03-2020, Delhi Police lodged an FIR against seven persons. It also included the rabbi, on a complaint by SHO of Nizamuddin Police Station.
The Enforcement Directorate also filed a case against Maulana Saad, Trust links to Jamaat and others for Money Laundering. The plea states that the acts of omission and commission have done by Saad and his companion constitute “Terrorist Acts/ Activities” as defined under the Unlawful Activities (Prevention) Act (UAPA). It stated that Tablighi Jamaat’s group aren’t only spreading the deadly virus in the country but also assaulting the Corona Warriors who have been treating the patients.
Statement of the Police
Counsel (Criminal) Rahul Mehra and Advocate Chaitanya Gosain representing Delhi Police opposed the plea. They say that Delhi Police have been doing their investigation diligently. Furthermore, the Petitioner has no locus standi to file the plea. The Court will next take up the matter on May 28, 2020.
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