Ambala court acquits 8 Tablighi followers

Observed that there is no evidence to prove that they were infected with virus THE MEN, FROM NEPAL AND ONE FROM SRI LANKA, WERE BOOKED FOR VIOLATION OF SECTION 144 OF THE IPC

AMBALA: 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.

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(s) 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’

The court ruled, “The unforeseen exigencies of the Covid-19 pandemic have hit the entire world. The convicts had already remained in custody as undertrial 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

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.”

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.

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