The order says that the circumstances of the case do not reveal that the accused had deliberately disobeyed the order of the public servants issued in view of the pandemic
Clarion India
NEW DELHI — A Court of Metropolitan Magistrate in Bandra, Mumbai has discharged 12 Indonesian nationals, associated with Tablighi Jamaat, of all the charges levelled against them, Livelaw reported on Monday.
They were booked on charges of violating covid-19 guidelines in March. The court order came two weeks ago–nearly a month after the Mumbai police dropped charges of attempt to murder and culpable homicide against them.
The order says that the circumstances of the case do not reveal that the accused had deliberately disobeyed the order of the public servants issued in view of the pandemic.
“The accused did not breach the condition of visa”, the court ruled, adding: “Therefore, the court opined that as per the allegations levelled against the accused and evidence on record, it does not reveal that the accused disobeyed the order of Central as well the State Government and acted negligently and were liable to spread the infection of covid-19.”
It ordered that the accused be discharged from charges levelled against them and their seized passports be returned. The court also cancelled the bail bond of the accused.
They were booked under various Sections of the Indian Penal Code, the Epidemic Disease Act, the Foreigners Act and the Disaster Management Act.
Initially, the police had invoked Section 307 and 304(2) of the Indian Penal Code but deleted these sections after thorough investigations.
The police had also contended that they violated visa rules but their counsel argued that tourist visa was valid visa and did not breach Section 14 (b) of the Foreigners Act.
The Bombay High Court in August had quashed the FIRs filed against a total of 29 foreign nationals who were booked under various provisions of IPC, the Epidemic Diseases Act, the Maharashtra Police Act, the Disaster Management Act and the Foreigner’s Act for allegedly violating their tourist visa conditions by attending the Tablighi Jamaat congregation at Nizamuddin in Delhi.
In late March, when the government announced a countrywide lockdown to curb the spread of the coronavirus, thanks to the propaganda of partisan media outlets, Tablighi Jamaat headquarters in Delhi’s Nizamuddin emerged as a coronavirus hotspot. As some of its members who fanned out across the country in the preceding week tested positive for covid, they were projected as villains of the piece.
Soon, a large section of the media launched a ceaseless campaign of calumny against the Tablighi Jamaat in particular and Muslims in general. This fueled hate crimes against Muslims amidst the pandemic outbreak.
