Tablighi Jamaat: Delhi high court advises city court on disposing of foreigners’ cases

The Delhi High Court has issued a slew of suggestions to a city court for speedy disposal of the cases related to the several foreign nationals connected to the

The Delhi High Court has issued a slew of suggestions to a city court for speedy disposal of the cases related to the several foreign nationals connected to the Tabligihi Jamaat congregation.

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Over 120 Malaysian nationals and 11 Saudi Arabia nationals had moved the court seeking speedy disposal of the cases.

Justice Anup J Bhambhani suggested that considering the large number of charge sheets and supplementary charge sheets -- 48 and 11, respectively -- and the number of accused, the Saket Chief Metropolitan Magistrate (CMM) should post all charge sheets for a case management hearing on the same day.

The court said that the CMM may divide the cases into batches and sub-batches according to the nationality of the accused, and offences alleged, or on some other rational and useful basis. It also said that the CMM may also designate a specific date and time when exclusively these mattes would be taken-up, which could even be a non-working day, so that adequate time and resources could be devoted to facilitate expeditious disposal.

According to the plea, the Malaysian nationals, who were arrested by the Delhi Police and charge sheeted, were being in the custody of the High Commission of Malaysia in a hotel in the city. It said the court was yet to take cognizance of the charge sheets. The cognisance of the charge sheet is slated for July 6

Justice Bhambhani, in an order passed on Wednesday, said that after cognizance is taken, the CMM may take up on its suggestions on segregating the cases following responses from the accused. It also added that cases where the accused are plead guilty or enter into plea bargains may be disposed of first.

The court also said that the Embassy or High Commission concerned may be requested to arrange for the appearance of the accused via video-conferencing. It said that the CMM is also free to devise her methods for the speedy disposal of the cases.

Appearing for the petitioners, senior counsel N Hari Haran had contended that while many of the accused would be willing to plead guilty or enter a plea bargain in order to seek early closure of the cases, the process may take a very long time if they are unguided.

According to the charge sheets, all the foreign nationals have been booked for violating visa rules, violating government guidelines issued in the wake of COVID-19 pandemic and regulations regarding Epidemic diseases Act, Disaster Management Act and prohibitory orders under section 144 of Code of Criminal Procedure.

They have also been charged for disobedience to order duly promulgated by public servant, negligent act likely to spread infection of disease dangerous to life, malignant act likely to spread infection of disease dangerous to life and disobedience to quarantine rule of the IPC and relevant sections of the Foreigners Act.

The matter would be now heard on July 22.