New Delhi (ILNS): A Metropolitan Magistrate court in Andheri has acquitted 20 foreigners including 10 Indonesians and 10 from Kyrgyzstan who were booked under Section 135 of the Bombay Police Act for not disclosing that they had attended a religious gathering of Tablighi Jamaat at Nizamuddin in New Delhi.
The accused persons were charged by the DN Nagar police on April 5 in two separate cases, for offences under Sections 188, 269 and 270 of the IPC along with sections of the Foreigners Act, the Epidemic Diseases Act, and the Disaster Management Act.
Advocate AN Shaikh appeared on behalf of the accused and argued that there is no witness who saw the accused persons together in the form of assembly neither the accused contravene any directions or order issued by the authority.
The prosecution on the other side contradicted that the informant along with his associates had informed the police that the accused visited various places and persons and spread the Corona infection, violating the prohibitory orders of the COVID-19 lockdown.
Metropolitan Magistrate at the Andheri Court RR Khan observed that: “The said witnesses were also not found in position to tell where and how the accused person were residing at the time of alleged offence. Thus, there is no iota of evidence with prosecution to show any contravention of order by accused persons beyond all shadow of doubt. During the imposition of lockdown and their ultimate shelter in a mosque or nearby will not render them responsible for such contravention. There is no legal evidence adduced by prosecution to show that accused persons infringed the notification lawfully made under section 37 of Bombay Police Act.”
“From the combined perusal of evidence of Police officials of prosecution, it is apparent that both of them have deposed that the accused have not committed violation of lock-down or curfew. Additionally, they have deposed that they neither entered into mosque and nor noticed accused contravening the lock-down norms. Ultimately, the prosecution witnesses themselves have clarified the position of accused persons,” further observed by the Court.
The court also noted that:”The basic principle of infringement of Section 37 of Bombay Police Act is based upon publicly promulgation of orders. It is transparent that the order in question was not promulgated to accused persons individually”.
It was directed by the Court while acquitting the accused that they will furnish fresh bonds of Rs. 10,000 each and their previous bail bonds will be cancelled thereof.
Earlier, the Session Court had discharged the accused from the charges of attempt to murder and culpable homicide not amounting to murder and they were put to trial only under section 135 of Bombay Police Act for defying the rules of national lockdown and orders issued by the Commissioner of police.
Read the order here;
Tablighi-Jamaat-MM-Order-2-