35 foreign Tablighi Jamaat attendees move sessions court against framing of charges order

As many as thirty-five foreigners who had attended Tablighi Jamaat congregation in March this year moved a criminal revision petition in the sessions court on Friday challenging framing of charges order against them by the magistrate court.

New Delhi:Thirty-five foreigners from various countries, who have been booked for attending Tablighi Jamaat congregation in Delhi, moved a criminal revision petition in the sessions court challenging framing of charges order against them by the magistrate court.

The revision Petition moved through Advocate Ashima Mandla and Mandakini Singh, seeking to set aside the order of the Chief Metropolitan Magistrate dated August 24, stating that no prima facie evidence is found against these people and they were forced to take shelter at Markaz due to circumstances.

Chief Metropolitan Magistrate Gurmohina Kaur of Saket Court had recently framed charges against these foreign nationals for attending Tablighi Jamaat congregation here for allegedly being negligent and disobeying the government guidelines issued in wake of COVID-19 pandemic in the country.

The magistrate court, while passed order on framing charges to start a trial against these foreigners, said the statements of the witnesses, especially the health officials prima facie, showed that there was no social distancing being followed. The plea stated that CMM-SE order of framing charges under section 3 of the epidemic diseases act, Section 188/269 of the Indian Penal Code (IPC) and 51 of the disaster management act on the grounds that no prima facie evidence is made out qua accused persons and seeking shelter at Markaz was a mere force of circumstance.

However, the court also 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.

The Saket Court had framed charges against several 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.

The prosecution has levelled unsubstantiated allegations qua foreign nationals in connection with Tablighi Jamaat by making inaccurate, statements alleging foreign nationals from Indonesia, Malaysia and other countries to have attended the religious congregation at Markaz and allegedly acting as coronavirus carriers, read the plea.

Meanwhile, the Supreme Court directed the foreign members of Tablighi Jamaat to approach the Allahabad High Court which will then decide on the uniform bail conditions for them and allot courts for hearing the petitions.

The bench led by Justice AM Khanwilkar was hearing a plea filed by foreigners against the blacklisting done by the government. The centre has allowed the Jamaatis to leave India provided they tender an apology. Some foreigners have their trial going on in different parts of the country and seek consolidation of all the FIRs.

The court today suggested that one court in every zone can conduct a trial for cases in the zone. For instance in UP there are 8 zones, one court of each zone can conduct trail. However, advocate for petitioners suggested 2-3 courts

"We suggest prosecution files an application in High Court which can then decide whether one court should hear the matters by merging various zones or different courts in different zones will hear the same," said the court.

The HC will consider the transfer of pending appeals in light of previous orders of SC regarding similar cases in Delhi. SC directed the HC to decide within a week of reviewing an application.

The trial court has been directed to conclude the trial expeditiously within 8 weeks.

(With inputs from ANI)