60 Malaysians who attended Tablighi Jamaat meet freed; 76 others get bail

A plea bargain is an arrangement between the prosecutor and accused whereby the latter pleads guilty to a lesser charge in exchange for a more lenient sentence, or an agreement to drop other charges.

A Delhi court on Thursday freed 60 Malaysians and another court allowed bail to 76 other foreigners who had attended the Tablighi Jamaat congregation in Delhi’s Nizammudin in violation of the lockdown and other government orders that banned religious congregations in view of the Covid-19 pandemic.

The police had filed charge sheets against 956 foreigners from 36 countries. (Biplov Bhuyan/HT PHOTO)

In the court of metropolitan magistrate Siddharth Malik, the 60 Malaysians agreed to a plea bargain where they accepted the mild charges against them, in return for their freedom on a payment of a ₹7,000 fine against each of them, said their lawyer S Hari Haran.

A plea bargain is an arrangement between the prosecutor and accused whereby the latter pleads guilty to a lesser charge in exchange for a more lenient sentence, or an agreement to drop other charges.

During the cognisance of the charge sheets on July 6, the court was informed by the Investigating Officer (IO) that initially the accused were also investigated for culpable homicide not amounting to murder and criminal conspiracy to endanger life or personal safety of others. “However, till date during investigation no evidence has come against the foreigners for these,” the court noted in its July 6 order.

According to Hari Haran, the complainants in the case--Sub-Divisional Magistrate of Lajpat Nagar, Additional Commissioner of Police at Lajpat Nagar and Inspector at Nizamuddin—did not object to their plea bargain applications.

During the hearing, the foreigners were produced before the court and the concerned officials of their embassy were also present, said the counsel. Hari Haran told the court that the alleged offences were committed inadvertently and not without any mal intention and would not be repeated.

The judge initially proposed a fine Rs 15,000 on each, which was brought down to Rs 7,000 after the lawyer pointed out that some of them were students and retired persons and won’t be able to afford it.

Earlier, they were granted bail on July 7 on furnishing a bail bond of Rs 10,000 each.

Meanwhile, Chief Metropolitan Magistrate Gurmohina Kaur also granted bail to 76 other foreigners from eight countries on a personal bond of ₹10,000 each. Their advocates, Ashima Mandala and Mandakini Singh, said the accused have also moved for a plea bargain.

The police had filed charge sheets against 956 foreigners from 36 countries. They were also accused for offences under IPC sections 269 (Negligent act likely to spread infection of disease dangerous to life), 270 (Malignant act likely to spread infection of disease dangerous to life) and 271 (Disobedience to quarantine rule).

On Wednesday, the court had granted bail to 91 foreigners from 21 countries, who were charge sheeted for attending congregation.With Thursday’s order, 167 foreign nationals have been granted bail in the last two days.

In another case, a sessions court in Mewat has upheld a trial court order striking down IPC sections 269 and 270 and specific sections of the Foreigners Act on 57 foreigners who had also attended the Tablighi Jamaat congregation.

The court of additional sessions judge (ASJ), Mewat, Prashant Rana in its July 6 order said that none of the accused knew that they had coronavirus infection. “Their testing was conducted after the registration of first information report. Even the investigating officer came to know about the infection of nine accused two days after the registration of FIR. Offences under sections 269 and 270 IPC were added merely on the basis of apprehensions and imaginations of the investigating officer,’’ the court said.

The ASJ held that all the foreigners had valid passport and tourist visas.The court also asked the authorities to ensure safe return of the foreigners to their countries.