Twitters users have asked government and the media to apologise to Tablighi Jamaat and the Muslim community after 36 foreigners, who were charge sheeted for attending the congregation in Delhi in March, were acquitted by the trail court on Tuesday.
They were charge-sheeted by the Delhi Police for allegedly being negligent and disobeying the government guidelines issued in wake of the COVID-19 pandemic in the country.
Acquitting the foreigners from 14 countries of all charges, Chief Metropolitan Magistrate Arun Kumar Garg said the prosecution has failed to prove the presence of the accused at the Nizamuddin Markaz premises from March 12 to April 1.
More than 900 pleaded guilty as part of a “plea bargain” as they did not want to stand trial while eight of the total 44 on trial were acquitted earlier.
‘Apologise’
Many users took to Twitter to ask the government and the media that accused Tablighi Jamaat goers of flouting guidelines to apologise after the order. Here are some tweets:
This is how @IndiaToday targeted Tablighi Jamaat and blamed Muslims for pandemic.
A case should be filed against @aroonpurie @rahulkanwal . pic.twitter.com/ASGHz2Bi6i
— Md Asif Khan (@imMAK02) December 17, 2020
Say sorry to the Tablighi Jamat. Why just them, the entire community that has been demonised. Not just the govt, our media including 'well meaning' liberals need to hang their heads in shame pic.twitter.com/DDKD86NDn0
— Rana Ayyub (@RanaAyyub) December 17, 2020
After Acquittal of #Tablighi Jamaat by SC and various HCs, Never forget hate driven agenda run by some right wing sympathisers masquerading as liberal journalists.@imMAK02 @007AliSohrab pic.twitter.com/GSxNqILKl6
— Research Scholar (@Scholar_Univ) December 17, 2020
How about investigating and punishing those on whose directions police and media made Tablighi Jamaat members scapegoats? https://t.co/Oq4vfskgRI
— Altaf Qadri (@AltafQadriAP) December 17, 2020
Tablighi case: All foreigners freed, court slams police, says no proof
Media targeted #TablighiJamaat to hide the Failure of Gov
Arvind kejrival and Godi Media Should Apologize to #TablighiJamaat for calling them Super Spreader pic.twitter.com/rN9OlM385f
— faizan (@faizan0008) December 16, 2020
Charges
The court had on August 24 framed charges against the foreigners under sections 188 (disobedience to order duly promulgated by public servant), 269 (negligent act likely to spread infection of disease dangerous to life) of the Indian Penal Code (IPC) and Section 3 (disobeying regulation) of Epidemic Act, 1897. The charges were also framed under section 51 (obstruction) Disaster Management Act, 2005.
However, they were discharged for the offences under section 14 (1) (b) (violation of visa norms) of Foreigners Act, sections 270 (malignant act likely to spread infection of disease dangerous to life) and 271 (disobedience to quarantine rule) of the IPC.
No question of any negligence: Delhi court
The court said in its order that as per the list of evacuees, none of the accused had COVID-19 symptoms and hence, there was no question of any negligent act on their part.
It said even if it is assumed for the sake of arguments that some of the accused were proved to have been found COVID-19 positive on different dates, April 1, April 9 and April 10, in the absence of any symptoms at the time of their alleged stay at the Markaz, they cannot be said to have indulged in the commission of any negligent act likely to spread the infection.
‘Not an iota of evidence’: Key points of the order
The court pulled up the police and said not even an iota of evidence has been placed on record to prove the publication of the orders issued in the wake of the COVID-19 pandemic for social distancing and other precautions to bring it to the notice of persons staying in the Markaz.
“In my considered opinion, mere uploading of order on Delhi Police website shall not have the effect of promulgation, much less, the same is sufficient to prove that the knowledge of the promulgation of the order can be imputed to any of the accused,” the judge said in his order.
Source: Free Press Journal
