Delhi HC Quashes 16 cases against 70 Indian nationals of Tablighi Jamaat

The Delhi High Court quashed 16 cases against 70 Indian nationals for housing foreign attendees of Tablighi Jamaat in March 2020. On Thursday, the Delhi court passed the judgement on 16 petitions relating to 17 Indians seeking to quash FIRs registered against them for violating COVID-19 norms in March 2020. These petitioners were represented by Ashima Mandla.

Justice Neena Bansal Krishna ruled that “charge sheets quashed,” but a detailed verdict on the matter is still awaited.

The Delhi Police previously opposed the plea for quashing of FIRs registered against the petitioners and said that the accused local residents sheltered the attendees who had come to Nizamuddin Markaz in violation of the prohibitory order on movement to contain the spread of COVID-19.

The foreign nationals involved in the case either pleaded guilty to go back to their country, or were discharged or acquitted. Previously, these petitioners contended that there was no documentation on record, either in the FIR or chargesheet, to indicate that they had been infected by COVID-19 and hence could not be accused of spreading the disease under the Epidemic Diseases Act of 1897. Simultaneously, the police said that since on March 24, 2020, the Centre imposed a nationwide lockdown, accepting and allowing foreign nationals to reside in the local mosque, without any social distancing, is a breach of the Delhi government order that closed religious places.

The petitioners were booked under Section 188 (disobedience to order duly promulgated by public servant), Section 269 (negligent act likely to spread infection), and other offences of the Indian Penal Code.

In early April 2020, the Delhi Police received information that several foreign nationals were residing in the Chandni Mahal area, which after investigation became clear, were members of Jamaat that had moved from Markaz in Nizamuddin.

However, the petitioners claim that there was no worship or any religious or social gathering being held inside the mosque.

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