Court: Foreigners did not violate visa norms; only 'bald statements' about their involvement in Tablighi work

new delhi: A Delhi court on Monday while pronouncing the order on framing of charges against foreign nationals chargesheeted by the Delhi Police for attending the Tablighi Jamaat Markaz event in March here, held that the foreigners as chargesheeted by the police did not violate their visa norms and discharged 36 foreigners of that particular offence.

While the court did frame other charges against these 36 foreigners which include violation of government orders, and negligence leading to the spread of infectious disease; it discharged them of charges such as malignantly spreading infectious disease, disobeying quarantine rules and violating visa norms.

Besides these 36 foreigners from 14 countries, Chief Metropolitan Judge Gurmohina Kaur discharged eight foreigners of all offences citing no evidence to show their presence at or involvement in the Tablighi Jamaat Markaz event or that they had undertaken Tablighi work.

"It has been further been mentioned in the chargesheet that around 1,300 devotees from various states and foreign countries were found residing at the Markaz premises without maintaining any social distancing or using facial mask, hand sanitizers etc, even though there was invocation of order under Section 144 (power to issue order in urgent cases of nuisance of apprehended danger) of the Code of Criminal Procedure (CrPc) in that area whereby, a curfew had been imposed and of the nationwide lockdown commencing from March 25," the court said in its order.

It, however, said prima facie no act can be imputed on them to show that they had malignantly done anything which was likely to spread the coronavirus disease and discharged them for the offences of malignant act likely to spread infection of disease dangerous to life and disobedience to quarantine rule.

"The statements of the witnesses relied upon by the prosecution are either on the basis of the alleged disclosures purportedly made by the accused during investigation or are general conjunctures not specifically providing as to the Tabligh work done by accused. In the present case, beyond the above discussed bald statements there is no other credible material brought forth on record to prima facie suggest the profession and propagation of Tablighi work by the accused. Merely attending or participating in Tablighi Jamaat Markaz is not restricted as per the Visa Manual, 2019.

The punishment for the offences for which the 36 foreigners have been charged ranges from six months to eight years of imprisonment.

The court discharged the eight foreign nationals from six countries of all charges under which they were chargesheeted in the absence of any record or any credible material against them.