NEW DELHI: Delhi police has opposed a plea in the Delhi High Court seeking direction that the NIA be handed over the investigation of a case against Tablighi Jamaat leader Maulana Saad for holding a congregation in alleged violation of the orders aimed at containing the spread of coronavirus.

A bench of Justices Siddharth Mridul and Anup Jairam Bhambhani, conducted the hearing through video conferencing.

The petition, filed by Mumbai-based lawyer Ghanshyam Upadhyay, has also sought direction to the NIA to investigate the matter in a time bound manner and the probe be monitored by the high court. It alleged that Delhi Police has failed to arrest the leader despite the lapse of considerable 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 Delhi Police is explicit from the fact that despite there being lockdown and curfew like situation, Maulana Saad was able to arrange gathering of thousands of people belonging to Tabiligi Jamaat in the capital of India," the plea claimed.

The plea also alleged that the acts of omission and commission of Saad and his associates / Tabligi Jamaat constitute terrorist acts/activities as defined under the Unlawful Activities (Prevention) Act.

Delhi government standing counsel (criminal) Rahul Mehra and advocate Chaitanya Gosain opposed the plea saying Delhi Police was conducting the investigation in a fair manner and argued that the petitioner has no locus standi to file the plea.

The court listed the matter for further hearing on May 28.

The Delhi Police's crime branch had on March 31 lodged an FIR against seven persons, including the cleric, on a complaint by Station House Officer of Nizamuddin police station here for holding a congregation of Tablighi Jamaat followers in violation of lockdown norms.

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