The Delhi high court on Friday dismissed a plea which had sought the transfer of investigation of a case against Tablighi Jamaat leader Maulana Saad from the Delhi Police to the National Investigation Agency (NIA). The case was registered against Maulana Saad for holding a congregation in March in alleged violation of the orders against large gatherings to contain the spread of Covid-19.

A bench comprising justices Siddharth Mridul and Talwant Singh dismissed the petition after the petitioner sought to withdraw it with the liberty to approach the Supreme Court. The court said that since one petition with a similar prayer is already pending in the Supreme Court, it cannot be heard here.
“Advocate Yash Chaturvedi for the petitioner seeks to withdraw the petition with liberty to further prosecute the petition seeking similar relief instituted by him herein before the Supreme Court. Leave and liberty granted. The petition is dismissed and withdrawn,” the bench said in its oral order.
A petition filed by Mumbai lawyer Ghanshyam Upadhyay has also sought directions to the NIA to investigate the matter in a timebound manner and requested that the probe be monitored by the high court, alleging that the Delhi Police has failed to arrest the leader despite considerable the lapse of time.
“It is virtually impossible for Maulana Saad to hide himself for such a long time and that too in the capital of the country. Performance of Delhi Police has been pathetic from the very inception and outset. Failure of the Delhi police is explicit from the fact that despite there being lockdown and curfew-like situation, Maulana Saad was able to arrange a gathering of thousands of people belonging to Tablighi Jamaat in the capital of India,” the plea said.
{{/usCountry}}“It is virtually impossible for Maulana Saad to hide himself for such a long time and that too in the capital of the country. Performance of Delhi Police has been pathetic from the very inception and outset. Failure of the Delhi police is explicit from the fact that despite there being lockdown and curfew-like situation, Maulana Saad was able to arrange a gathering of thousands of people belonging to Tablighi Jamaat in the capital of India,” the plea said.
{{/usCountry}}The petition also alleged that the acts of omission and commission of Saad and his associates/Tablighi Jamaat constitute “terrorist acts/activities” as defined under the Unlawful Activities (Prevention) Act (UAPA) and hence the matter should be probed by the NIA.
On March 31, the Delhi Police lodged an FIR against seven persons, including the cleric, based on a complaint by the station house officer of Nizamuddin police station for holding a congregation of Tablighi Jamaat followers in alleged violation of the orders against large gatherings to contain the spread of Covid-19.
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