Delhi High Court Quashes Charges Against Indian Nationals For Sheltering Tablighi Jamaat Attendees During COVID-19

The Delhi High Court on Thursday quashed 16 cases registered against 70 Indian nationals accused of sheltering attendees of Tablighi Jamaat congregation in their homes or mosques during COVID-19.

Justice Neena Bansal Krishna quashed the chargesheets registered against the Indian nationals and disposed of their pleas seeking quashing of 16 FIRs registered against them. 

”Chargesheets quashed,” the judge said while pronouncing the order.

Judgment in the matter was reserved on April 22. A detailed order is awaited.

The petitioners were represented by Advocate Ashima Mandla.

In January 2022, the Delhi Police had opposed the quashing petitions, saying that the Indian nationals had not only violated the prohibitory orders issued by the Delhi Government but also contributed to the spread of COVID 19.

“The Petitioners have been accused of accommodating the assembly of the Tablighi Jamaat who were found in the Markaz, Hazrat Nizamuddin on 31.03.2020 and had travelled to reside in the premises of the Masjid Sayyed Rafi. Chandni Mahal, where they were found on 31.03.2020. Accordingly, by admitting the assembly into Masjid premises without any social distancing or hygiene measures the Petitioners not only violated the S. 144 order dated 31.03.2020 and the GNCTD notification dated 22.03.2020 but also contributed to the spreading of COVID-19, a life threatening disease," the status report read.

Appearing for the petitioners, Mandla had argued that while the prohibitory orders issued by the Delhi Government specifically prohibited religious congregations and religious gatherings, the attendees who were found inside mosques or in houses were merely provided shelter.

Earlier, the Court had quizzed the Police as to where would the people have gone when a lockdown was suddenly imposed in the city.

About the Petitions

Some of the petitioners stated that FIR No. 74/2020 registered against two of them under Sections 188, 269, 270, 120-B of the Indian Penal Code,1860, was wholly unwarranted, concocted and untenable in law, and further that they have been compelled to face unwarranted and unsubstantiated charges, infringing upon their personal liberty.

They also alleged that the FIR was lodged against them only on the basis of their alleged presence at Choti Masjid, Fatak Teliyan during the nation-wide lockdown imposed in light of Covid-19, and further stated that there was "no shred of evidence" to initiate such a case against them.

The petitioners also claimed that a bare perusal of the FIR would indicate that the only allegations against them was their alleged presence inside the Masjid along-with foreign nationals, however, there was no whisper of either any religious/social gathering being held inside the Masjid or of the petitioners being Covid-19 positive.

Other FIRs in question were FIR Nos. 89, 86, 82, 84 , 85, 76, 75, 80 and 79 registered at Chandni Mahal police station.

Case Title: MOHD ANWAR & ORS. v. STATE NCT OF DELHI and other connected matters