On Monday, a magistrate court acquitted 20 foreigners, including 10 Indonesians and 10 from Kyrgyzstan, who were booked for failing to reveal that they had attended a religious meeting of Tablighi Jamaat in Nizamuddin in New Delhi.
The group of foreigners was booked by DN Nagar police on April 5 in two separate cases for not following the notice issued in the wake of Covid-19.
Mumbai police had previously issued a notice and warning asking people who had attended the meeting in Delhi to come forward, otherwise a criminal case would be filed against them. The group did not appear, but was located in the first week of April, after which a case was registered at the DN Nagar police station.
The group was booked for attempted murder and wrongful death that does not amount to murder. They were also registered under the Epidemic Diseases Act, the National Disaster Act, the Aliens Act, and the Bombay Police Act.
Also Read: Mumbai Court Releases 12 Indonesians Arrested For Tablighi Jamaat Event
The session court had released the defendant on the charges of attempted murder and manslaughter that did not amount to murder. Earlier this month, the court dropped other charges against the defendants and they were brought to trial only under section 135 of the Bombay Police Act for defying the national confinement rules and the order issued by the Police Commissioner.
The prosecution had examined only two witnesses, the complainant: a deputy police inspector from the DN Nagar police and an investigating officer from the police station.
The court, after considering their evidence, observed: “The aforementioned witnesses were also not found in a position to say where and how the accused was residing at the time of the alleged crime. Therefore, there is not an iota of prosecutorial evidence to show any violation of order on the part of the accused beyond a shadow of a doubt. During the imposition of the confinement and their final refuge in a mosque or nearby, they will not be held responsible for such infraction. The prosecution has not produced any legal evidence to show that the accused violated the legal notice made under section 37 of the Bombay Police Act. “
When the Justice of the Peace acquitted all the accused, it observed that “the prosecution witnesses have clarified that the accused have not violated the rules of confinement and order of the Police Commissioner. Their versions are contrary to the documented documentary evidence. The prosecution has not even carried out the preparation of Panchanama and has never recorded the statement of any other independent witness. Therefore, there is no legal evidence provided by the prosecution in support of the accusation. “
The court also noted that “from the brief study of the prosecution evidence it appears that none of the witnesses questioned has the opportunity to see the accused together in the form of a meeting. On the contrary, the prosecution witnesses admitted that they have not seen the accused contravene the instructions or orders issued by the authority. ”
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