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Delhi HC Clears 70 Indians in Tablighi Jamaat COVID Case - What Was Controversy All About
@Source: timesnownews.com
More than five years after the Tablighi Jamaat congregation at Delhi’s Nizamuddin Markaz drew national and international attention during the COVID-19 outbreak, the Delhi High Court has quashed charges against 70 Indian nationals accused of violating pandemic norms by housing foreign attendees. Justice Neena Bansal Krishna, in a verdict delivered Thursday, ruled that no evidence had been presented to show these individuals were COVID-positive or had acted negligently to spread the virus. The detailed order, released Friday, stated that continuing prosecution against them would amount to an "abuse of process" and held that the chargesheets and subsequent proceedings were without merit. The 70 persons were accused of violating norms by housing foreign Tablighi Jamaat (Sunni religious movement) members during COVID-19, when prohibitory orders were imposed. "No material on record to prove that they had indulged in any act which was likely to spread infection of COVID-19. No material was produced in the chargesheet and no evidence was placed on record to substantiate the fulfilment of ingredients of Sections 269 (negligent act likely to spread infection of disease dangerous to life) and 270 (malignant act likely to spread infection of disease dangerous to life) of IPC," the verdict held, as quoted by PTI. What Was the Tablighi Jamaat Case? In March 2020, the Tablighi Jamaat, a Sunni Islamic missionary group, organised a month-long religious congregation at the Banglewali Masjid Markaz in Delhi's Nizamuddin area. The event reportedly saw over 3,000 attendees, including foreigners from countries like Indonesia, Malaysia, and Thailand. This gathering happened during the first wave of India’s COVID-19 outbreak and became a talking point after several attendees tested positive for the virus in different states. The Delhi government had, by March 13, imposed restrictions on gatherings exceeding 200 people, later lowering the limit to 50. Despite this, people remained in the Markaz premises due to the sudden imposition of a nationwide lockdown from March 24. The congregation was termed as a "super-spreader" event. However, organisers maintained that the lockdown left no safe means for attendees to disperse. As infections linked to the event were traced across states, police registered multiple FIRs against Indian and foreigners, alleging violations of the Epidemic Diseases Act, Disaster Management Act, and various sections of the Indian Penal Code. How the Legal Proceedings Unfolded The legal fallout from the event saw nearly 955 foreign nationals chargesheeted across 48 FIRs. However, most opted for plea bargains, while others were acquitted or discharged by courts citing lack of evidence. In contrast, the Indian nationals accused of sheltering these attendees saw their cases drag on for years. Notably, there was no indication in the records that they had contracted COVID-19 or contributed to its spread. In the weeks following the event, the Nizamuddin Markaz was sealed, and its head, Maulana Saad Kandhlawi, faced an FIR for culpable homicide not amounting to murder. The Enforcement Directorate also initiated a money laundering case, although no chargesheet has been filed to date. The Delhi government placed Indian nationals from the Markaz under quarantine, while foreign nationals were eventually moved to police custody. Legal battles continued through 2020 and 2021. In November 2022, after prolonged litigation, the Delhi High Court ordered the reopening of the Banglewali Masjid and directed the state to return possession to the Jamaat leadership.
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