New delhi: A Delhi court on Tuesday acquitted 36 foreigners, who were chargesheeted for attending the Tablighi Jamaat congregation here by allegedly being negligent and disobeying the government guidelines issued in wake of the COVID-19 pandemic in the country.
Chief Metropolitan Magistrate Arun Kumar Garg acquitted the foreigners from 14 countries.
The court had on August 24 framed charges against the foreigners under 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.
However, they were discharged for the offences under section 14 (1) (b) (violation of visa norms) of Foreigners Act, sections 270 (Malignant act likely to spread infection of disease dangerous to life) and 271 (Disobedience to quarantine rule) of IPC.
The court had also discharged eight foreign nationals from six countries of all charges under which they were charge sheeted in the absence of any record or any credible material against them.
The foreigners were charge sheeted for attending Tablighi Jamaat congregation here at Nizamuddin area allegedly in violation of visa norms, indulging in missionary activities illegally and violating government guidelines issued in the wake of COVID-19 outbreak.
While a majority of foreign Tablighi Jamaat members had taken plea deals and left for their countries, 44 had decided to face trial in Delhi. Out of them, the court had earlier discharged eight members, stating that there was "no prima facie evidence" against them.
The court had also discharged the rest of the 36 under section 14 of the Foreigners Act and IPC sections 270 and 271. However, they were still facing charges under the Epidemic Act, Disaster Management Act and other IPC sections.
While trial courts in Delhi have allowed many of those accused in the Tablighi Jamaat cases to plead guilty or discharged them of offences, many other high courts in states like Maharashtra and Karnataka, among others, have stood up to say that the attendees of the Markaz were wrongly villainised.
In many of the cases, the police were unable to even prove that the people they had chargesheeted had attended the Markaz, much less that they had the intent to spread a contagious disease or aggravate a public health crisis.