The bench headed by Justice A. M. Khanwilkar was informed by senior advocate Menaka Guruswamy, for the petitioners, that 8 persons who were discharged entirely and subsequently, the government's revision application against the discharge has also come to be decided in their favour, and no further appeal has come to be filed by the Union of India, have been allowed to go home. She advanced that the said 8 petitioners have been permitted to return to their home countries on furnishing a personal surety of Rs. 30,000, a mobile number and an undertaking to join the trial as and when required.
ASG K. M. Natraj also confirmed that for the time being, the proceedings stand ended for these 8 people and they have been allowed to go home on giving an undertaking.
Ms Guruswamy pointed out that these 8 are a part of a group of 35 persons, all of whom are in Delhi and similarly-situated. She prayed that this order also be enlarged to the 27 others against whom also all proceedings have been disposed off.
The ASG submitted that the department is proposing filing revision applications against discharge in the case of these 27 others, but he conceded that, for the time being, they may be allowed to return to their home countries on giving a similar undertaking before the Supreme Court, for no proceedings are pending against them in any other court.
The bench observed that the 8 petitioners in respect of whom the discharge order has been confirmed by the revisional court may be allowed to go to their home countries on submitting an undertaking to the revisional court.
As regards the others who have been discharged and no revision applications have been filed so far, the bench recorded the ASG's submission that the department is exploring the feasibility of commencing revision proceedings against these discharge orders. The bench also noted the ASG's submission that if these others also furnish a similar undertaking/bond, as the aforesaid 8, they may return home, subject to the conditions in the undertaking.
The bench, accordingly, directed that these petitioners, who desire to return home and have been discharged by the trial court and no revision application has yet been filed by the department, would be free to file an undertaking/bond in the registry of the apex court. "The nodal officer, after verification and on being satisfied, shall facilitate the return to their home country", ordered the bench.
The bench also directed that as regards the matters pending in the state of UP, the applications under section 482 CrPC for quashing of the order refusing plea bargaining be disposed of as expeditiously as possible.
On December 15, the Chief Metropolitan Magistrate, Arun Kumar Garg, Saket Court, Delhi court had dropped all charges against the 36 foreign nationals, citing lack of incriminating evidence. While observing that the plea raised by accused persons is "reasonably probable" that none of them was present at Markaz during the relevant period and they had been picked up from different places so as to maliciously prosecute them, the Saket Court (Delhi) acquitted 36 foreigners facing trial for allegedly flouting COVID guidelines.
The accused hailed from a number of countries, including the US, Russia, UK, France, Sudan, Tunisia, Sri Lanka, Tanzania, United Kingdom, Thailand, Kazakhstan and Indonesia.
The trial court said that the prosecution failed to prove the presence of any of the accused inside the headquarters of the Tablighi Jamaat between March 12 and April 1, when the alleged violations took place