Nizamuddin Markaz case: Delhi HC issues notice on plea of Mohd Saad challenging travel conditions
Oct 12, 2023
New Delhi [India], October 12 : The Delhi High Court on Thursday issued notice on the plea moved by Maulana Mohd Saad, challenging the trial court's order imposing the condition of taking prior permission for travelling abroad.
Saad is an accused in the Nizamuddin Markaz case. He is head of Tablighi Jamaat, headquartered at Nizamuddin Markaz, which was closed in March 2020 for holding a Tablighi Jamaat congregation amid the COVID-19 pandemic.
An FIR was lodged in 2020 for alleged violations of government orders, the Epidemic Act, etc. during COVID-19.
On April 29, 2023, the trial court closed the Look Out Circular (LOC) opened against him. However, the court had imposed the condition of seeking prior permission before travelling abroad.
Justice Tushar Rao Gedela issued notice to the Delhi police and directed them to file a reply within three weeks on the plea of Mohd Saad.
Additional standing counsel Mukesh Kumar accepted the notice and sought time to file a reply.
An application has been moved on behalf of Mohd Saad seeking a direction for setting aside the travel condition imposed by the trial court.
It was stated that the trial court had closed the LOC opened against him. However, travel conditions were imposed.
It was contended that Saad was not arrested in this case. However, an LOC was issued against him on April 14, 2020.
Senior counsel appeared for Saad and argued that when the LOC has closed in this situation, imposing travel conditions is a futile exercise.
The high court was also informed that the petitioner has to travel abroad frequently. He is to travel to Morocco from October 23 to November 3, 2023.
It was also informed that the High Court has set aside the travel conditions imposed on the other three accused.
While issuing notice to Delhi police, the high court granted interim relief and directed the petitioner to file an affidavit before the trial court mentioning the details of his travel and his contact number. He is directed to inform the IO on his return to India.
An FIR was registered in March 2020 against Saad and other accused, including foreign travellers who had gathered at Markaz for the congregation of Tablighi Jamaat.
The foreign travellers who were accused have gone to their countries after pleading guilty before the trial court.
