Cleric booked in Surat for spreading rumors, asking people to gather during lockdownMarch 24, 2020
New Dehi: The Salabatpura police in Surat has booked a Muslim cleric who is the President of Insaf Foundation in Surat under IPC 186, 188, 505(1)(B) for making and circulating an audio clip spreading rumor that the administration has served notices to religious places for shut down. The accused in audio clip also appealed Muslims to gather for namaz breaching the lockdown orders issued by the administration.
According to FIR draft, LIB head constable Gyaneshwarbhai had received an audio clip in Whatsapp in which an appeal was issued to Muslims to gather to do Namaz in mosque. The accused in his request to trustees of all the mosques said that each mosque was being served a notice for shut down and the number of people who can offer namaz was being limited to four. The accused also opined that shutting down the mosque was improper, and people should gather to offer namaz.
Contrary to the details shared by cleric in audio clip, the administration had neither served notice to mosques nor asked moques to shut.
The audio clip, it was revealed was made and circulated by the President of Insaf Foundation, Maulvi Fayazuddin Dadamiyan Sheikh (Laturi).
Police has booked Maulvi and raided his office, residence and locations of his relative.
PSI VK Rathod is investigating the case.
IPC 186: Obstructing public servant in discharge of public functions.—Whoever voluntarily obstructs any public servant in the discharge of his public functions, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.
188. Disobedience to order duly promulgated by public servant.—Whoever, knowing that, by an order promulgated by a public servant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management, disobeys such direction, shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any person lawfully employed, be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both; and if such disobedience causes or trends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. Explanation.—It is not necessary that the offender should intend to produce harm, or contemplate his disobedience as likely to produce harm. It is sufficient that he knows of the order which he disobeys, and that his disobedience produces, or is likely to produce, harm. Illustration An order is promulgated by a public servant lawfully empowered to promulgate such order, directing that a religious procession shall not pass down a certain street. A knowingly disobeys the order, and thereby causes danger of riot. A has committed the offence defined in this section.
Section 505(1)(b) in The Indian Penal Code (b) with intent to cause, or which is likely to cause, fear or alarm to the public, or to any section of the public whereby any person may be induced to commit an offence against the State or against the public tranquility.
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