What was the offence in housing Tablighi Jamaat attendees, HC asks police

Justice Mukta Gupta said Jamaat attendees sought refuge in homes and mosques before the lockdown came into effect and nobody could go anywhere after it was imposed

The Delhi high court on Friday rebuked the Delhi Police for registering FIRs against Indian nationals who provided accommodation to foreign attendees of the Tablighi Jamaat congregation at the Markaz Nizamuddin at the start of the Covid-19 lockdown in March 2020, and asked the police to state what offence these individuals had committed in giving shelter at a time when no one could move anywhere.

The Delhi high court asked police whether there was any notification to throw out such foreigners on to the streets. (Picture for representation only)

Justice Mukta Gupta’s remarks come while hearing a plea by 60 Delhi residents seeking to quash FIRs registered against them for allowing Tablighi Jamaat attendees to live in mosques or their homes. She said Jamaat attendees sought refuge in homes and mosques before the lockdown came into effect and nobody could go anywhere after it was imposed.

“Wherever anybody was residing, the person needed to continue. A person could not even shift if they were with their grandparents, parents… nobody could go out of the house. Wherever you were, you were just suddenly static. So, there was no question of changing the place at that time.When the lockdown was imposed, there was no bar on anybody residing over there,” the court said.

It asked the police to state what offence these people had committed by giving shelter to foreigners and those from outside Delhi, and questioned whether there was any notification to throw out such foreigners on to the streets.

“Suddenly a lockdown is imposed, where does one go? On the street? He will remain where he is. What is the offence committed? Is there any bar on residents of Madhya Pradesh to come and stay in Delhi or stay in any temple, masjid, gurdwara?” justice Gupta said.

“What is the offence? What is the violation? Or was there any notification that everybody will throw out whosoever is staying somewhere,” the judge said.

Appearing for the petitioners, their counsel Ashima Mandla told the court that the police had packed the people like sardines in quarantine centres at the beginning of the pandemic in March 2020.

She also said three of the 13 FIRs are peculiar because they were against private persons, who were accused of giving refuge in their own homes.

In a written reply, the police said Indian nationals “deliberately allowed” foreign nationals to live in mosques or reside in their houses in violation of government notifications which were in effect in March last year.

The city police counsel also told the court that the investigating officer of these cases was recently changed and sought time to file a detailed status report.

The court granted additional time to file the report and posted the matter for hearing on December 6.