Charge Of Attempt To Murder For Attending Tablighi Jamaat Congregation Prima Facie Abuse Of Process Of Law: Allahabad High Court

The Bench of Justice Ajay Bhanot was hearing the plea of applicant-accused who contended before the Court that even if the evidence collected during the investigation as well as the FIR is taken on their face value (though denied as incorrect), no offence is disclosed against the applicants.

Allegations against the Accused

The counsel for the applicant contended before the Court that the prosecution case in the FIR asserts that the applicant had visited a religious congregation organized by Tablighi Jamaat at New Delhi.

The prosecution story in the FIR, as well as the charge sheet, is that the applicant and other accused returned home on different dates. However, they did not intimate the administration about their arrival and did not go under voluntary quarantine. They did not get themselves medically examined.

It has been alleged that they went to Delhi knowing fully well that Corona Virus had been declared as a pandemic and a large number of persons at the Markaz congregation at New Delhi were infected.

Also, it has been stated that they concealed their visit to Delhi and deliberately indulged in negligent and condemnable acts.

The charge-sheet was submitted against the applicant under Sections 307 and 270 IPC. Upon examination, the applicant had tested negative.

Importantly, the Counsel for the applicant contended that though the original charge sheet was drawn up under Section 269, 270 IPC and even presented to the court, however, the same was recalled and a fresh charge sheet was submitted under Section 307 IPC on orders passed by C.O.

Court's order

While noting that from a perusal of the material, charge sheeting the applicant under Section 307 IPC prima facie reflected abuse of the power of law, the Court directed the S.S.P. to file his personal affidavit in the matter.

Further the Court directed,

"C.O. shall also file his personal affidavit indicating as to how the ingredients of Section 307 IPC are made out from the facts in the record from the material collected during the investigation and justify the amendment directed by him to the charge sheet."

Till further orders, the Court directed, further proceedings of Criminal Case no. 40 of 2020 (State Versus Mohd. Sad) Case Crime No. 0208 of 2020 under Sections 307, 270 I.P.C., Police Station Kotwali District Mau pending in the court of Juvenile Justice Board, Mau shall remain stayed.

The matter has been posted for further hearing on 15^th December 2020.

It may be noted that the Allahabad High Court on 30^th September directed that the cases pending against the members of Tablighi Jamaat in Kanpur, Gorakhpur, Prayagraj, Varanasi and Lucknow Zones be transferred to Chief Judicial Magistrate, Lucknow.

Likewise cases pending in Agra and Meerut Zones be transferred to Chief Judicial Magistrate, Meerut.

Lastly, the cases pending in Bareilly Zone be transferred to Chief Judicial Magistrate, Bareilly.

Notably, Supreme Court last month clarified that the condition imposed by the Karnataka High Court, while quashing criminal proceedings against eight foreigners belonging to the Tablighi Jamaat, that they would not visit India within the next ten years, would not be considered while deciding their application for visa.

A Bench of Justices S. Abdul Nazeer and Sanjiv Khanna, in their Judgement dated 16^th November, noted that if the Appellant and the other similarly situated persons were to apply for visa to visit India.

"…the application(s) would be considered on merits without being influenced by the directions given in paragraph (i) of the impugned judgement dated 13.10.2020 and the affidavit/undertaking filed by the appellant and 8 others".

Case Title - Mohd. Saad v. State of U.P. and Another [Application U/S 482 No. - 17176 of 2020]

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