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Tablighi Jamaat row: Delhi HC asks how providing refuge during lockdown an offence
The court aske the Delhi police what offence was committed by the Indians who gave shelter to foreign nationals following the congregation as no bar was imposed on persons residing at any particular place.
The Delhi high court on Friday wanted to know if there was any offence in housing foreign nationals during a nationwide lockdown. The court’s question came in response to a hearing of petitions seeking quashing of cases against those who hosted Tablighi Jamaat attendees.
Justice Mukta Gupta asked the Delhi police what offence was committed by Indian nationals who provided shelter to foreigners following the congregation as no bar was impose on persons residing at any particular place by the government.
The court gave time to the Delhi police to respond to its queries when its counsel sought time to file a detailed status report, PTI report said.
The judge further said the Jamaat attendees sought refuge before the lockdown was imposed in the wake of the pandemic and there were no allegations of them violating the orders restricting movement.
“Suddenly when the lockdown is imposed, where does one go after that? What is the offence committed?... Is there any bar on Madhya Pradesh residents to stay in Delhi in any mosque, temple or gurudwara? They can stay wherever they want. Was there a notice that everybody will throw out whosoever was staying (with them)?” the judge said.
“I have brought out the point. You will tell me where is the violation when there is no question of changing places at that time. I can understand they went out, that they violated the (lockdown) notification. When lockdown was imposed, there was no bar on anyone residing,” the court said.
While some of the pleas for quashing of FIRs are by individuals who had provided shelter to the foreigners who had attended the event and could not travel owing to the subsequent pandemic-induced lockdown, others are by people like managing committee members or caretakers of different mosques who have been accused of providing housing facilities in masjids.
FIRs were registered for the alleged commission of offences under Section 188 (Disobedience to order duly promulgated by public servant), Section 269 (negligent act likely to spread infection) and other offences under the Indian Penal Code.
Earlier, the court had asked Delhi Police to file a status report indicating the role of each accused and as well as the duration of their stay and whether the housing facility was given after or before the prohibitory orders issued by the authorities in view of the pandemic.
(With inputs from agencies)
