Court rejects police’s plea against relief for Jamaatis
While eight nationals were completely discharged of all offences, including malignantly spreading infection of a disease dangerous to life and disobeying quarantine rules, the rest 36 were exonerated of charges of violation of visa rules under the Act but were charged with negligence.Updated: Nov 20, 2020, 07:24 IST
A Delhi court on Thursday dismissed 44 pleas filed by Delhi police challenging a magisterial court’s order discharging 44 foreign nationals, who had attended the Tablighi Jamaat congregation at Nizamuddin Markaz in March,of various violations under the Foreigners Act .
While eight nationals were completely discharged of all offences, including malignantly spreading infection of a disease dangerous to life and disobeying quarantine rules, the rest 36 were exonerated of charges of violation of visa rules under the Act but were charged with negligence.
Additional sessions judge Sandeep Yadav said the revision petitions were devoid of merit.
Earlier, charges were framed against 36 persons accused of disobedience of an order promulgated by a public servant, a negligent act that likely to spread infection of a disease dangerous to life. Charges were also framed under the Disaster Management Act.
On August 24 they were discharged of offences under section 14 (1) (b) (violation of visa norms) of the Foreigners Act, sections 270 (malignant act likely to spread infection of disease dangerous to life) and 271 (Disobedience to quarantine rule) of IPC.
The court had said there was no iota of evidence to suggest the 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.
Challenging their discharge, the police filed revision petitions seeking framing of charges against the 36 foreigners.
The police also filed revision petitions against the order of the magistrate court, discharging 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.
Dismissing these applications, the court said the magistrate’s order “was well reasoned, which did not call for interference”.
The court said the evidence collected during the investigation is wholly insufficient to frame the charge against the foreign nationals.