Skip to main content
Sabrang
Sabrang
Health Rule of Law

Tablighi Jamaat: Delhi Court upholds discharge of 44 foreign nationals

The court found the evidence to be insufficient to charge the foreign nationals

Sabrangindia 20 Nov 2020

Image Courtesy:livelaw.in

A Delhi Court refused to entertain the plea of Delhi government against discharge of 44 foreign nationals who were held for being part of Tablighi Jamaat.

An FIR was filed against the foreign nationals under the Foreigners Act, Epidemic Diseases Act as well as Disaster Management Act and Indian Penal Code and after considering the material on record, the Chief Metropolitan Magistrate, South East District discharged the accused from all offences on August 24. The Magistrate’s decision was based on the fact that the chargesheet and other documents did not show the presence of the respondent, Iunus Gurba, a citizen of Kyrgyzstan or his participation in the Markaz during the relevant period. The court also observed no document suggested that respondent was one of the participants who was involved in Tablighi work.

The Additional Sessions Judge, Sandeep Yadav, while perusing the case observed that the name of the respondent was also not found in the register of guests seized from Markaz premises, which is a vital document in the case. The court also observed that the respondent’s passport was not sized while he was inside Markaz premises and thus held that evidence collected during the investigation is wholly insufficient to frame the charge against the respondent.

The Sessions court thus upheld the Magistrate court’s order discharging the respondent and dismissed the revision petition for being devoid of merits.

LiveLaw reported that there were 44 such revision petitions that were dismissed by the sessions court.

The order may be read here.

Related:

Tablighi Jamaat: K’taka HC conditionally quashes criminal cases against 9 foreigners
Mumbai court acquits 20 Tablighi Jamaat members
Tablighi Jamaat case: Bandra Court discharges 12 foreign nationals 

Tablighi Jamaat: Delhi Court upholds discharge of 44 foreign nationals

The court found the evidence to be insufficient to charge the foreign nationals

Image Courtesy:livelaw.in

A Delhi Court refused to entertain the plea of Delhi government against discharge of 44 foreign nationals who were held for being part of Tablighi Jamaat.

An FIR was filed against the foreign nationals under the Foreigners Act, Epidemic Diseases Act as well as Disaster Management Act and Indian Penal Code and after considering the material on record, the Chief Metropolitan Magistrate, South East District discharged the accused from all offences on August 24. The Magistrate’s decision was based on the fact that the chargesheet and other documents did not show the presence of the respondent, Iunus Gurba, a citizen of Kyrgyzstan or his participation in the Markaz during the relevant period. The court also observed no document suggested that respondent was one of the participants who was involved in Tablighi work.

The Additional Sessions Judge, Sandeep Yadav, while perusing the case observed that the name of the respondent was also not found in the register of guests seized from Markaz premises, which is a vital document in the case. The court also observed that the respondent’s passport was not sized while he was inside Markaz premises and thus held that evidence collected during the investigation is wholly insufficient to frame the charge against the respondent.

The Sessions court thus upheld the Magistrate court’s order discharging the respondent and dismissed the revision petition for being devoid of merits.

LiveLaw reported that there were 44 such revision petitions that were dismissed by the sessions court.

The order may be read here.

Related:

Tablighi Jamaat: K’taka HC conditionally quashes criminal cases against 9 foreigners
Mumbai court acquits 20 Tablighi Jamaat members
Tablighi Jamaat case: Bandra Court discharges 12 foreign nationals 

Related Articles

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

Videos

Farm and Forest

Farmers Organisation in Sitapur stands in solidarity against Farm Laws

The Sangtin Kisan Mazdoor Sangathan is a people's movement in Sitapur, UP, that emerged from a group set up by rural women to enable them to be bigger stakeholders in the processes of development. In this video, witness these marginal farmers and landless labourers take their oath and stand with the farmers of our country. 

Farm and Forest

Farmers Organisation in Sitapur stands in solidarity against Farm Laws

The Sangtin Kisan Mazdoor Sangathan is a people's movement in Sitapur, UP, that emerged from a group set up by rural women to enable them to be bigger stakeholders in the processes of development. In this video, witness these marginal farmers and landless labourers take their oath and stand with the farmers of our country. 

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