Tablighi Jamaat: Delhi court frames charges against 36 foreigners, discharges 8
New Delhi: A Delhi court Monday framed charges against 36 foreigners from 14 countries for attending Tablighi Jamaat congregation here by allegedly being negligent and disobeying the government guidelines issued in wake of COVID-19 pandemic in the country.
The court, however, said there was no iota of evidence to suggest that the present accused had in any manner professed or propagated the principles and doctrines of the Tablighi Jamaat or had indulged in tablighi work as alleged and discharged eight foreigners of all charges.
While framing charges to start trial against 36 foreigners, the court said the statements of the witnesses, especially the health officials prima facie, showed that there was no social distancing being followed.
"It has been further been mentioned in the chargesheet that around 1300 devotees from various states and foreign countries were found residing at the Markaz premises without maintaining any social distancing or using facial mask, hand sanitizers etc, even though there was invocation of order under Section 144 (power to issue order in urgent cases of nuisance of apprehended danger) of the Code of Criminal Procedure (CrPc) in that area whereby, a curfew had been imposed and of the nationwide lockdown commencing from March 25," the court said in its order.
It, however, said prima facie no act can be imputed on them to show that they had malignantly done anything which was likely to spread the coronavirus disease and discharged them for the offences of malignant act likely to spread infection of disease dangerous to life and disobedience to quarantine rule.
The court said that documents placed before it merely signified their presence at the Nizamuddin Markaz.
"The statements of the witnesses relied upon by the prosecution are either on the basis of the alleged disclosures purportedly made by the accused during investigation or are general conjunctures not specifically providing as to the tabligh work done by accused. In the present case, beyond the above discussed bald statements there is no other credible material brought forth on record to prima facie suggest the profession and propagation of Tablighi work by the accused. Merely attending or participating in Tablighi Jamaat Markaz is not restricted as per the Visa Manual, 2019.
Chief Metropolitan Magistrate Gurmohina Kaur framed charges against 36 foreigners under sections 188 (disobedience to order duly promulgated by public servant), 269 (negligent act likely to spread infection of disease dangerous to life) of the Indian Penal Code and Section 3 (disobeying regulation) of Epidemic Act, 1897.
The charges were also framed under section 51 (obstruction) Disaster Management Act, 2005.
However, they were discharged for the offences under section 14 (1) (b) (violation of visa norms) of Foreigners Act, sections 270 (Malignant act likely to spread infection of disease dangerous to life) and 271 (Disobedience to quarantine rule) of IPC.
The punishment for the offences for which they have been charged ranges from six months to eight years of imprisonment.
The court discharged eight foreign nationals from six countries of all charges under which they were charge sheeted in the absence of any record or any credible material against them.
The foreigners were chargesheeted for attending Tablighi Jamaat congregation here allegedly in violation of visa norms, indulging in missionary activities illegally and violating government guidelines issued in the wake of Covid-19 outbreak.
"Perusal of documents and statements prima facie reflect that the accused and other persons including foreign nationals were negligent and did not take due care precautions by not following the directions and guidelines of the authorities, thereby leading to the spread of Coronavirus disease amongst themselves and others," the court said.
While discharging two foreigners from Indonesia, one from Kyrgyzstan, two from Thailand, one from Nigeria, one from Kazakhstan and one from Jordan, the court said perusal of the entire chargesheet and other documents placed on record showed that they were not present or participated at the Makaz during the period.
Special Public Prosecutor Atul Srivastava, appearing for the state, argued that the accused persons who were foreign nationals had arrived in India on the strength of tourist visa and were allegedly involved in Tablighi work which was not permitted under Visa rules unless they were granted special permission by the concerned authorities.
The public prosecutor further said that a large gathering was held without following social distancing and other guidelines, which was specifically directed by the Assistant Commissioner of Police Lajpat Nagar under Section 144 of CrPc.
Senior Counsel Rebecca John, appearing for the foreigners, argued the chargesheet was silent as to the role of any of the accused persons and also does not provide any specific act done by them to invoke provisions of any of the sections alleged against them.
Advocates Ashima Mandla, Mandakini Singh, also the accused said as per the visa guidelines available on the Ministry of Home Affairs website, the accused were not barred from visiting and attending any religious place including the Tablighi jamaat.
Advocates Megha Bahl, Fahim Khan and Ahmed Khan, said there was no evidence to show that any of the accused persons had preached or professed or was involved in any Tablighi work.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
Rickelton's ton in vain as SRH beat MI by 6 wickets
Mumbai (PTI): Ryan Rickelton's whirlwind unbeaten ton was overshadowed by Heinrich Klaasen's unbeaten 65 as Sunrisers Hyderabad defeated Mumbai Indians by six wickets in an IPL match here on Wednesday.
Chasing an imposing 244-run target, Travis Head (76 off 30) and Abhishek Sharma (45 off 24) shared 129 runs for the opening wicket to set the platform for SRH.
Klaasen (65 not out off 30 balls) then displayed his all-round hitting abilities to guide SRH home with the help of Nitish Kumar Reddy (21) and Salil Arora (30 not out off 10) in 18.4 overs.
Earlier, Rickelton's knock powered MI to 243 for five.
MI rode on a 93-run stand between Rickelton (123 not out off 55 balls) and Will Jacks (46 off 22) in 7.1 overs for the opening stand to power the side.
MI skipper Hardik Pandya scored a valuable 31 off 15 balls before being dismissed.
Praful Hinge (2/54), Eshan Malinga (1/29), Sakib Hasan (1/39) and Nitish Kumar Reddy (1/31) were the wicket-takers for SRH.
Brief Scores:
Mumbai Indian: 243 for 5 in 20 overs (Ryan Rickelton 123 not out; Praful Hinge 2/54).
Sunrisers Hyderabad: 249 for 4 in 18.4 overs (Travis Head 76, Heinrich Klaasen 65 not out; AM Ghazanfar 2/51).
