Tablighi Jamaat Cases: "No Impediment Will Be Caused": UP Govt Assures Allahabad HC After Receiving Flak Over Delaying Hearing

The Uttar Pradesh Government has assured the Allahabad High Court that it won't create any impediment in the hearing of Tablighi Jamaat cases and that the Court shall be assisted with full honesty in the matters.

The assurance by the UP government comes days after its counsels were heavily criticized by the Court for failing to produce the affidavit as directed by this Court, being negligent in informing the police officials about the Court's orders, and creating impediment in the commencement of the hearing of the matter. 

In view of these circumstances, the Bench of Justice Ajay Bhanot had sought the personal presence of the officer to retain the faith of the litigants in the judicial process, to remove the impediments in the hearing, and for the State to account for its actions and omissions. 

Pursuant to the Court's order, in the proceedings held in camera, Pramod Kumar Srivastava, Legal Remembrancer, Department of Law, Government of U.P., Lucknow, presented himself and stated that the State Government was cognizant of the concerns of the Court and that it was committed to the principle of accountability.

Certain confidential documents were also produced before the Court depicting the governmental processes and also attest to the sincerity of the statement made on behalf of the State before the Court. It was told to the Court that appropriate actions have been initiated by the state Government.

To this, the Court observed thus:

"Once the government is seized of the matter, the Court does not deem it appropriate to say anything which may fetter the lawful discretion of the State. Statements made by high officials on behalf of the Government in Court have the highest sanctity and full weight have to be given to the same."

The Court observed thus while hearing a 482 CrPC application filed by 25 Tablighi Jamaat members directed against two different charge sheets against them under various sections of IPC, Epidemic Diseases Act,1897 and Foreigners Act for their alleged involvement in Tablighi Jamaat activities at Delhi's Nizamuddin Markaz and for spreading COVID last year.

The matter acquired certain urgency since most of the applicants were foreigners and therefore, in view of the request of the Supreme Court to expedite the hearing of the matters related to Tablighi Jamaat, the Court connected two matters (filed under 482 CrPC) and started to hear them.

However, as the Court recorded, certain impediments were created in the hearing of the matter and there was a lack of assistance and accountability from the State and it was delaying the hearing.

"In this case...the personal presence of the officer was necessitated to retain the faith of the litigants in the judicial process, to remove the impediments in the hearing, and for the State to account for its actions and omissions," the Court said 

The Court also noted that it was compelled to direct the personal appearance of the Principal Secretary/Legal Remembrancer, Department of Law, Government of U.P., Lucknow to explain the stand of the State noting that summoning of officers or other parties to the court are at times required in the facts and circumstances of a case.

Importantly, regarding the inherent powers for the summoning of officials, the Court also observed thus:

"In summation, inherent powers for the summoning of officials or any other person should be exercised as an exceptional measure to achieve the high end of securing justice. It is in the nature of things that this will always depend on the facts and circumstances of the case and the better judgment of the Court."

Lastly, noting that the trial has concluded and all pieces of evidence have been tendered, the cause of instituting this Application U/S 482 Cr.P.C. does not survive, the Court disposed of both the pleas filed under 482 CrPC.

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