Helpless People Who Got Confined Due To Lockdown: Delhi High Court Quashes FIRs Against Persons Housing Tablighi Jamaat Attendees During Covid-19
|The Delhi High Court said that they were already present in the Markaz and after the imposition of the complete lockdown, there was no way possible for them to have dispersed.
The Delhi High Court while quashing FIRs against 70 Indian nationals for housing foreign attendees of Tablighi Jamaat in March 2020 during Covid-19 pandemic, said that they were helpless people who got confined due to lockdown in the country.
The Court was hearing a batch of 16 Petitions, seeking quashing of various FIRs under Sections 188, 269, 270, 271, and 120B of the Indian Penal Code, 1860 (IPC) read with Section 3 of the Epidemic Diseases Act, 1897 and Sections 51 and 58 of the Disaster Management Act, 2005.
A Single Bench of Justice Neena Bansal Krishna remarked, “In fact, in these peculiar circumstances, the question of human rights arose whereby their movement was curtailed on account of the pandemic and they were compelled to remain in the Markaz, where they had already congregated since prior to the Declaration of Lockdown. The congregation had not been subsequent to the Notification under Section 144 Cr.P.C. They were helpless people, who got confined on account of lockdown.”
The Bench said that the Petitioners were already present in the Markaz and after the imposition of the complete lockdown, there was no way possible for them to have dispersed; rather their stepping out of the houses would have been violation of the complete lockdown and also of the potential of spreading of commutable disease of Covid-19.
Advocate Ashima Mandla represented the Petitioners while ASC Amol Sinha represented the Respondent.
Case Background
Tablighi Jamaat, an Islamic self-reformatory movement for the followers of Islam, having its global Headquarters at the Nizamuddin Markaz, New Delhi, organizes annual religious congregation. On such occasion, the followers and members of the movement from across the globe, participate in this religious congregation at the Markaz, the details of which are formalized a year in advance, for the convenience of the foreign nationals to attend the same. In March 2020, the congregation was scheduled well before the outbreak of Covid-19 pandemic. On March 11, 2020, the World Health Organization (WHO) declared novel Corona Virus (Covid-19) as a pandemic. On the same date, the Ministry of Health & Family Welfare, Government of India, notified the suspension of visas till April 15, 2020, except for a few categories such diplomatic, official, UN/international organization, Project visa.
On March 13, the Delhi Government pursuant to the powers conferred by the Delhi Epidemic Diseases, Covid-19, Regulations, 2020 under the Epidemic Diseases Act, 1897, capped all sports gatherings (including IPL)/conferences and seminars at 200 persons. However, there was no mention in regard to prohibiting the religious congregations. On March 16, the Delhi Govt. issued an order in supersession of its earlier one, expanding the prohibitions to social, cultural, political, religious gatherings and academic/sports/seminars events, which was restricted to 50 persons. On March 22, “Janta Curfew” was declared by the Central Govt., consequent to which a nationwide lockdown for a period of 21 days was declared to be in effect from March 25.
On March 31, an FIR was registered against alleged organizers of Tablighi Jamaat. As per the Petitioners, Central Govt. had unilaterally and arbitrarily blacklisted 960 foreign nationals for alleged involvement in Tablighi Jamaat activities and further directed DGPs of all States/UTs to take necessary legal action against all such foreigners. Accordingly, they were served with notices and thereafter, the Magistrate took cognizance qua Indian nationals. Seeking to quash the FIRs, the Petitioners were before the High Court.
Reasoning
The High Court in the above context of the case, observed, “… mere filing of Chargesheets is no impediment for this Court to consider the petitions under Section 482 Cr.P.C. for quashing of FIRs. … Therefore, it is held that the present petitions for quashing of Charge sheets are maintainable.”
The Court said that the essential ingredient of promulgation to constitute an offence under Section 188 IPC, has not even been established and even if, entire prosecution case is admitted, no offence is made out under Section 188 IPC.
“Firstly and foremost, there is nothing on record to show that they had congregated after the promulgation of the Notification under Section 144 Cr.P.C. … It is also significant to note that merely because they were living in a Markaz, did not amount to violation of any of the five activities, which were prescribed by the Notification under Section 144 Cr.P.C. They had assembled neither for any demonstration nor for any social, cultural, political, religious gatherings, organising weekly markets, or group tours. The Petitioners had done no activity of this kind after Notification under Section 144 Cr.P.C. The Notification itself restricted the people suspected or confirmed with COVID-19 pandemic, to take home or institutional quarantine and to render assistance or comply with the directions of the surveillance personnel”, it further noted.
The Court added that there is not a whisper in the entire chargesheet that any of these Petitioners were found Covid-19 positive or that they had stepped out of the Markaz after March 24, 2020 or that they were likely to spread Covid-19 and there is also not a single averment of them having not rendered any assistance to the surveillance personnel.
“None of the activities prohibited under Section 144 Cr.P.C. had been undertaken by any of the Petitioner after the date of its promulgation. Even if all other technical grounds are overlooked and it is accepted that there was due promulgation of the Notification under Section 144 Cr.P.C, then too, no violation of any of the activities prohibited by the Notification has been made out in the entire chargesheet”, it also said.
Conclusion
Moreover, the Court held that the cognizance for the offence under Section 188 IPC is bad as no prima facie case is made out and the Petitioners are entitled to be discharged under Section 188 IPC.
“… there is not a whisper in the FIRs or the Chargesheets that Petitioners were found COVID-19 positive or they had moved out negligently or unlawfully with intent or knowledge to spread the disease of COVID-19, which was dangerous to human life. … Even if all the evidences as put forth in the Chargesheet is admitted, no offence under Sections 269 and 270 IPC has even prima facie made out and Chargesheets are liable to be quashed for these offences under Sections 269 and 270 IPC”, it remarked.
The Court concluded that all the cases that were registered during the Covid-19 period, under the relevant Sections before various Courts across the country have ended either in acquittal or discharge of the accused persons, against whom these FIRs and Chargesheets were filed and hence, the continuation of these Chargesheets would tantamount be abuse of the process.
Accordingly, the High Court disposed of the Petitions and quashed the FIRs against the Petitioners.
Cause Title- Mohd. Anwar & Ors. v. State NCT of Delhi (Neutral Citation: 2025:DHC:5754)
Appearance:
Petitioners: Advocates Ashima Mandla and Mandakini Singh.
Respondent: ASC Amol Sinha, Advocates Kshitiz Garg, Nitish Dhawan, Rahul Kochar, Chavi Lazarus, and Sanskriti Nimbekar.