Under sections of the Epidemic Disease Act, for not following government orders on the management of the Markaz, the Maulana has been accused of organising a Tablighi Jamaat congregation in the area, even as the lockdown was announced, thus flouting the social distancing norms.
As per details of the FIR made available on Thursday, April 2, it alleges that the management of Markaz of Basti Nizamuddin didn't adhere to orders and warnings on social distancing to arrest the spread of the novel coronavirus.
'They wilfully disobeyed': Full text of the FIR
Read the full-text of the FIR against Maulana Saad and six other members of the Nizamuddin Markaz in New Delhi for violating orders of the Government during coronavirus pandemic.
FIR registered against Maulana Saad, others of Tableeqi Jamaat under sections 3 of Epidemic Disease Act 1897, Section 269, 270, 271, 120-B IPC for violation of government directions given to the management of Markaz of Basti Nizamuddin.
It alleges that the management of Markaz of Basti Nizamuddin didn't adhere to orders and warnings on social distancing to arrest the spread of the novel coronavirus. The complainant in the FIR is SHO Hazrat Nizamuddin police station, Mukesh Walia.
The FIR stated, "On March 21, the police approached Markaz management and informed them about the situation and asked them to send all the foreign and Indian devotees to their respective countries and states. The police also found out about the audio clip that was being circulated by Maulana Saad on Whatsapp groups. In the audio clip, it was found that Maulana was asking the devotees to go against the social distancing to attend the religious congregation.
On March 24, the nationwide lockdown was announced and on the same day after the announcement, ACP Lajpat Nagar imposed Section 144 in the area. The threat of Covid-19 was conveyed to Mohd Saad and other people in the management verbally, says the FIR.
A meeting in the police station was also conducted on March 24 by Inspector Walia. The meeting was attended by Maulana Saad, Mohd Ashraf, Dr Zeeshan, Mufti Shehzad, Mursalin Saifi, Yonus and Mohd Salman.
The FIR stated that the lockdown was imposed in the entire country from March 24 midnight, and "it was the duty of every owner and administrator of every hotel, guesthouse, hostel and similar establishment to maintain social distancing. It looks like social distancing and quarantine protocols were not practised here".
"Strong action would be taken against those in charge of this establishment. By this gross act of negligence, many lives have been endangered. It was the responsibility of every citizen to proactively avoid such gathering of people during the lockdown and this is nothing but a criminal act."
The FIR further says that neither Saad nor the management informed the government or health department about the large gathering inside the Markaz. A written notice was also served on March 24 by the local police. The premises were inspected by the Sub-division Magistrate of Defence Colony on March 26, 27, 28, 29 and 30.
"Mohd Saad and the management deliberately, wilfully, negligently and malignantly disobeyed the directions ... they allowed a huge gathering to assemble inside a close premise over a protracted period of time without any semblance of social distance or provision of mask or hand sanitiser," it read.
The Delhi government added that after the Centre informed them about the first positive patient and requested assistance, "we moved all symptomatic patients to our medical facilities and as a safety precaution, all non-symptomatic contacts have been moved to the quarantine centres".
Over 100 people have been tested for Coronavirus and reports are awaited. This is the largest single group being tested for Covid-19, which is transmitted easily from person to person.
