Top News

New Delhi: The Delhi High Court on Thursday quashed 16 cases against 70 Indian nationals for housing foreign attendees of the Tablighi Jamaat congregation in March 2020, allegedly in violation of COVID-19 norms.

Justice Neena Bansal Krishna said, “Chargesheets quashed.” A detailed verdict is awaited.

The court passed the judgment on 16 petitions filed by 70 Indians, represented by advocate Ashima Mandla, seeking quashing of the FIRs registered against them.

Foreign nationals already discharged or acquitted

Delhi police had previously opposed the pleas, arguing that the local residents had sheltered foreign attendees who had visited Nizamuddin Markaz in violation of movement restrictions during the COVID-19 outbreak.

While the foreign nationals named in some FIRs either pleaded guilty, were discharged, or acquitted earlier, the cases against the Indian petitioners remained.

The petitioners argued that there was no documentation in the FIRs or chargesheets indicating that they had been infected with COVID-19. Therefore, they could not be accused of spreading the disease under the Epidemic Diseases Act, 1897.

They claimed that the case was a classic example of unsubstantiated allegations being “embellished and exaggerated.”

No evidence of gatherings or violations, say petitioners

Their counsel further submitted that while Delhi Government’s prohibitory orders banned religious congregations, the accused had only provided shelter. Those found inside mosques or houses were not part of any gathering, they argued.

The FIRs allegedly only stated that the petitioners were present inside the mosque along with foreign nationals. However, there was no mention of a religious or social gathering being held, nor was there any indication that the petitioners were COVID-19 positive.

The petitioners were booked under IPC Sections 188 (disobedience to order duly promulgated by public servant), 269 (negligent act likely to spread infection), and other related offences.

Delhi Police claimed that between March 26–31, 2020, inspections were carried out at Nizamuddin Markaz in connection with another FIR. Later, they received information that several foreign nationals were staying in the Chandni Mahal area. Police alleged that these Jamaat members had moved from the Markaz in violation of local prohibitory orders.

It was also pointed out that the Centre had imposed a nationwide lockdown on March 24, 2020. Police claimed that by allowing the foreigners to stay in local mosques without ensuring social distancing, the accused had breached the Delhi government’s order closing religious places.

(With inputs from PTI)