Chief Metropolitan Magistrate at Saket Court has granted bail to 122 Malaysian nationals related to the Tablighi Jamaat event who are charged for violating visa conditions and the regulations imposed by the government for curbing the spread of COVID19.
CMM Gurmohina Kaur granted bail to all the Malaysian nationals upon furnishing a personal bond of ₹10,000 each and also forwarded their request for plea bargaining for an early hearing before Metropolitan Magistrate Siddharth Malik.
The charge has been filed against the aforesaid foreign nationals under section 3 of the Epidemics Diseases Act, sections 51 and 58 of the Disaster Management Act, and sections 188, 269, 270, 271, and 120B of the Indian Penal Code.
It is also stated that during the investigation, section 14(b) of the Foreigners Act and sections 304, 308, and 336 of the IPC were further added to the charge sheet.
In the previous hearing, the court had taken the cognisance of the charge sheet by observing that there's a prima facie case to proceed against the said foreign nationals under the provisions invoked in the charge sheet.
The court said:
'There is prima facie sufficient material on record to proceed against the accused persons u/s 14(b) Foreigners Act, 1946 r/w section 3 of the Epidemic Diseases Act, 1897, r/w section 51 of the Disaster Management Act, 2005, r/w section 188, 269, 270, 271 IPC who have been mentioned in column no. 11 of the charge sheet. Accordingly, cognizance of the offences u/s 14(b) Foreigners Act, 1946 r/w section 3 of the Epidemic Diseases Act, 1897, r/w section 51 of the Disaster Management Act, 2005, r/w section 188/269/270/271 IPC is hereby taken.'
During the proceedings, which was conducted through video conferencing, the court observed that:
'At this stage, it is seen that 48 chargesheets and 11 supplementary chargesheets have been filed in the present FIR countrywise by the IO depending upon the nationality of the accused persons. Further, in view of the guidelines and suggestions given by the Hon'ble High Court of Delhi vide order dated 01.07.2020, let the accused persons be summoned in the following manner.'
These foreign nationals are currently residing in accommodation of their choice at their own expense