Delhi HC junks cases against Indian nationals for housing Tablighi Jamaat attendees during Covid-19

Delhi Police previously opposed the pleas for quashing of FIRs registered for hosting foreign attendees of the congregation of March 2020 and said the accused local residents sheltered the attendees who had come to Nizamuddin Markaz in violation of the prohibitory orders on movement to contain the spread of Covid-19.

New Delhi: The Delhi High Court on Thursday quashed 16 cases against 70 Indian nationals for housing foreign attendees of Tablighi Jamaat congregation in March 2020 allegedly in violation of COVID-19 norms.

Justice Neena Bansal Krishna said, "Chargesheets quashed."

The court passed the judgment on 16 petitions relating to 70 Indians, who were represented by advocate Ashima Mandla, seeking quashing of FIRs registered against them.

A detailed verdict is awaited.

Delhi Police previously opposed the pleas for quashing of the FIRs registered for hosting foreign attendees of the congregation of March 2020 and said the accused local residents sheltered the attendees who had come to Nizamuddin Markaz in violation of the prohibitory orders on movement to contain the spread of COVID-19.

The foreign nationals, named in some of the FIRs, either pleaded guilty to go back to their country or were discharged or acquitted previously.

The petitioners contended there was no documentation on record in either the FIR or chargesheet to indicate that they had been infected by COVID-19 and, therefore, they could not have been accused of spreading the disease under the Epidemic Diseases Act, 1897.

The pleas alleged that the instant case was a classic example in which unsubstantiated allegations were "embellished and exaggerated".

Their counsel argued that while the prohibitory orders issued by the Delhi Government specifically prohibited religious congregations and religious gatherings, the attendees who were found inside mosques or in houses were merely provided shelter.

The petitioners further claimed the FIR showed the only allegation against them was their alleged presence inside the mosque along with foreign nationals.

However, there was no whisper of either any religious or social gathering being held inside the mosque or of the petitioners being COVID-19 positive, they argued.

The petitioners were booked under Section 188 (disobedience to order duly promulgated by public servant), Section 269 (negligent act likely to spread infection) and other offences of IPC.

The police alleged numerous inspections were carried out in Nizamuddin Markaz from March 26-31, 2020 in connection with another FIR and several foreign nationals were found to be residing there.

However, in early April 2020, it received information that several foreign nationals were residing in Chandni Mahal area and after investigation, “it became clear that the members of the Jamaat had moved from the Markaz in Nizamuddin” which was in derogation of the prohibitory orders by the local authorities, the police had claimed.

Police said on March 24, 2020, the Centre also imposed a nationwide lockdown.

By accepting and allowing them to reside in the local mosque without any social distancing, it alleged, the accused also breached the Delhi government order closing religious places.