In this post we will discuss about a case in Ambala Court in which 8 Tablighi followers were acquitted as there was no evidence to prove that they were infected with virus.

Ambala court acquits 8 Tablighi followers

Court Acquits 8 in Covid-19 norms violation Case
Court Acquits 8 in Covid-19 norms violation Case

Ambala court acquits 8 Tablighi followers

Observed that there is no evidence to prove that they were infected with virus.

In its nine-page judgment, an Ambala court on Tuesday acquitted all eight foreigners affiliated with the Tablighi Jamaat, who were arrested in May for allegedly flouting Covid norms amid the lockdown.

Ambala court acquitted 8 foreigners, who were charge-sheeted for attending Tablighi Jamaat congregation here by allegedly being negligent and disobeying the government guidelines issued in wake of COVID-19 pandemic in the country.

LAWS CONCERNED

The violation of laws in this condition would be sections 188 (disobedience to order duly promulgated by public servant),

269 (negligent act likely to spread infection of disease dangerous to life) of the Indian Penal Code and Section 3 (disobeying regulation) of Epidemic Act, 1897.

The charges were also framed under section 51 (obstruction) Disaster Management Act, 2005.

But, The court in its order, which was made available on Friday, said the prosecution had failed to prove violation of any condition of the valid visa and said the recorded statements did not mention ‘any witness who saw the accused making any movement at a public place in violation of the guidelines of lockdown’

ALSO READ- CASE REGISTERED ON COVID-19 PATIENT FOR MISLEADING HEALTH AUTHORITIES

The court ruled, “The unforeseen exigencies of the Covid-19 pandemic have hit the entire world. The convicts had already remained in custody as under-trial prisoners for around two months. Therefore, keeping in view the attendant facts and circumstances of the case, the threat of Covid, as well as the larger interest of justice, each one of the convicts is sentenced to pay a fine of ₹1,000 for the commission of an offence punishable under Section 188 of the IPC.”

Judicial magistrate, first class, Vinod Kumar, observed that there was nothing on record to suggest that the accused were infected “…or that knowing or having reasons to believe of carrying of such infection, they attempted to commit any act or negligent omission to spread the said disease,” he said.

The men, eight of whom were from Nepal and one from Sri Lanka, were booked under charges of violating Section 144 (unlawful assembly), spreading infection and other sections of the National Disaster Management Act and Foreigners Act in April.

They were all later released on bail in June and were staying at the Jama Masjid in Ambala Cantonment’s Timber Market.

Their counsel, Mohammad Danish, said, “The court dismissed all the other charges except Section 188(disobedience to order duly promulgated by public servant) due to lack of evidence. One of the accused, Muhammad Nabir Ansari, 27, who was facing some kidney issues, died after treatment at the Postgraduate Institute of Medical Education and Research, Chandigarh. The medication he needed was unavailable in central jail, which worsened his condition.”

ALSO READ- VIOLATION SECTION 144 CRPC ORDERS CHANDIGARH PANCHKULA MOHALI

Imam of the Jama Masjid, Maulana Muhammad Asghar Qasmi, said they were stuck in Ambala due to the lockdown and had to spend nearly two months in the jail after they were booked.

“We are now waiting for some document clearance and hopefully they will be able to return homes soon,” he added.

ALSO READ- NO RELEASE ON BAIL DUE COVID-19: HIGH COURT CHANDIGARH

This post is written by Manvi Geed.

For case specific advice on criminal matters related to Police Complaint, one may contact top/best expert Criminal lawyers Advocates in Chandigarh Panchkula Mohali Zirakpur Derabassi Kharar Mullanpur Baltana.

 More on 99888-17966.