Skip to main content
Sabrang
Sabrang
Health Rule of Law

Justify 'attempt to murder' charge on Tablighi Jamaat attendee: Allahabad HC

The high court stated that invoking the charge under section 307 of IIPC seemed to be abuse of process of law

Sabrangindia 05 Dec 2020

Jammat

The Allahabad High Court has directed the police officer who invoked charges of attempt to murder against a Tablighi Jamaat attendee to justify the same.

A single-judge bench of Justice Ajay Bhanot was hearing an Application filed for quashing the case filed against one Mohd. Saad who, along with few others, was charged for attempt to murder and spreading infectious disease.

The case of the prosecutions is that the applicant and other accused attended the Tablighi Jamaat congregation at Nizamuddin Markaz, Delhi and they returned to their homes without informing the administration about their arrival and neither did they get themselves medically tested. The prosecution states that the accused went to Delhi knowing fully well that Coronavirus had been declared as a pandemic and a large number of persons at the Markaz congregation at New Delhi were infected. Further, they deliberately concealed their visit and indulged in negligent and condemnable acts. Accordingly, charges were filed under section 307 (attempt to murder) and 270 (Malignant act likely to spread infection of disease dangerous to life).

The applicant contended that even if evidence collected during the investigation as well as the FIR are taken on their face value (though denied as incorrect), no offence is disclosed against the applicants. Further, it was brought to the court’s notice that the original chargesheet was drawn up under Section 269, 270 IPC and even presented to the court but it was recalled and a fresh charge sheet was submitted under Section 307 IPC as the same was ordered by the Circle Officer (CO).

The court held that invoking charges under section 307 prima facie reflects abuse of the power of law. Thus, the court has directed the Senior Superintendent of Police (SSP) to file an affidavit in the matter and also directed the CO to file personal affidavit indicating as to how the ingredients of Section 307 IPC are made out from the facts in the record from the material collected during the investigation and justify the amendment directed by him to the chargesheet.

The court also stayed further proceedings in the case against the applicant.

The high court order may be read here.

 

 

 

 

Related:

Dedicated courts set up to address Human Rights cases in Delhi 

MP High Court puts counselling as bail condition for accused for anti CAA WhatsApp status

Tablighi Case: HC condition restricting entry to India for 10 years, not to be considered in future says SC

Justify 'attempt to murder' charge on Tablighi Jamaat attendee: Allahabad HC

The high court stated that invoking the charge under section 307 of IIPC seemed to be abuse of process of law

Jammat

The Allahabad High Court has directed the police officer who invoked charges of attempt to murder against a Tablighi Jamaat attendee to justify the same.

A single-judge bench of Justice Ajay Bhanot was hearing an Application filed for quashing the case filed against one Mohd. Saad who, along with few others, was charged for attempt to murder and spreading infectious disease.

The case of the prosecutions is that the applicant and other accused attended the Tablighi Jamaat congregation at Nizamuddin Markaz, Delhi and they returned to their homes without informing the administration about their arrival and neither did they get themselves medically tested. The prosecution states that the accused went to Delhi knowing fully well that Coronavirus had been declared as a pandemic and a large number of persons at the Markaz congregation at New Delhi were infected. Further, they deliberately concealed their visit and indulged in negligent and condemnable acts. Accordingly, charges were filed under section 307 (attempt to murder) and 270 (Malignant act likely to spread infection of disease dangerous to life).

The applicant contended that even if evidence collected during the investigation as well as the FIR are taken on their face value (though denied as incorrect), no offence is disclosed against the applicants. Further, it was brought to the court’s notice that the original chargesheet was drawn up under Section 269, 270 IPC and even presented to the court but it was recalled and a fresh charge sheet was submitted under Section 307 IPC as the same was ordered by the Circle Officer (CO).

The court held that invoking charges under section 307 prima facie reflects abuse of the power of law. Thus, the court has directed the Senior Superintendent of Police (SSP) to file an affidavit in the matter and also directed the CO to file personal affidavit indicating as to how the ingredients of Section 307 IPC are made out from the facts in the record from the material collected during the investigation and justify the amendment directed by him to the chargesheet.

The court also stayed further proceedings in the case against the applicant.

The high court order may be read here.

 

 

 

 

Related:

Dedicated courts set up to address Human Rights cases in Delhi 

MP High Court puts counselling as bail condition for accused for anti CAA WhatsApp status

Tablighi Case: HC condition restricting entry to India for 10 years, not to be considered in future says SC

Related Articles

India

2020-2021: The historic farmers agitation and its significance

While opposing the brazenly pro-corporate policies of the present government, the further success of the farmers’ movement lies in co-operative farming, addressing issues of land ownership and distribution, fair wages, implementation of the FRA 2006 as well as the barriers caused by caste and gender

India

2020-2021: The historic farmers agitation and its significance

While opposing the brazenly pro-corporate policies of the present government, the further success of the farmers’ movement lies in co-operative farming, addressing issues of land ownership and distribution, fair wages, implementation of the FRA 2006 as well as the barriers caused by caste and gender


Sunday

03

Jan

Pan-India

Saturday

05

Dec

05 pm onwards

Rise in Rage!

North Gate, JNU campus

Thursday

26

Nov

10 am onwards

Delhi Chalo

Pan India

Theme

2020

Milestones 2020

In the year devastated by the Covid 19 Pandemic, India witnessed apathy against some of its most marginalised people and vilification of dissenters by powerful state and non state actors. As 2020 draws to a close, and hundreds of thousands of Indian farmers continue their protest in the bitter North Indian cold. Read how Indians resisted all attempts to snatch away fundamental and constitutional freedoms.
Migrant Diaries

Migrant Diaries

The 2020 COVID pandemic brought to fore the dismal lives that our migrant workers lead. Read these heartbreaking stories of how they lived before the pandemic, how the lockdown changed their lives and what they’re doing now.
Delhi HC

Hate Speech and Delhi Pogrom 2020

A spate of provocative speeches, that amount to hate speech in law and should be prosecuted allowed blood letting to spill on the streets of north east Delhi in February-March 2020
hashimpura

Hashimpura Massacre

The Lemmings of Hashimpura

Campaigns

Sunday

03

Jan

Pan-India

Saturday

05

Dec

05 pm onwards

Rise in Rage!

North Gate, JNU campus

Thursday

26

Nov

10 am onwards

Delhi Chalo

Pan India

IN FACT

Analysis

2020

Milestones 2020

In the year devastated by the Covid 19 Pandemic, India witnessed apathy against some of its most marginalised people and vilification of dissenters by powerful state and non state actors. As 2020 draws to a close, and hundreds of thousands of Indian farmers continue their protest in the bitter North Indian cold. Read how Indians resisted all attempts to snatch away fundamental and constitutional freedoms.
Migrant Diaries

Migrant Diaries

The 2020 COVID pandemic brought to fore the dismal lives that our migrant workers lead. Read these heartbreaking stories of how they lived before the pandemic, how the lockdown changed their lives and what they’re doing now.
Delhi HC

Hate Speech and Delhi Pogrom 2020

A spate of provocative speeches, that amount to hate speech in law and should be prosecuted allowed blood letting to spill on the streets of north east Delhi in February-March 2020
hashimpura

Hashimpura Massacre

The Lemmings of Hashimpura

Archives