A Delhi Court on Friday order for deportation of 8 Kazak nationals related to Tablighi Jamaat while a revision petition against their discharge is pending before it.
The order was passed by Additional Sessions Judge, Saket in light of the order of Supreme Court's in Maualana Ala Hadrami v. Union of India.
In this case, the accused persons had urged that despite discharged by the concerned Trial Court, CMM (South East), they were precluded from returning to their country because of a revision petition filed by the State/Department against the said order.
It was submitted that despite release of their passport, no necessary orders directing their deportation and closure of Lookout Circular (LoC) had been granted.
Looking at their plight, the Top Court had observed that the Petitioner-accused are free to file a formal application before the Revision Court, seeking deportation to their countries, subject to such terms and conditions as may be imposed.
"Those eight named persons are free to make a formal application before the Revisional Court and give appropriate undertaking to that Court including for their return and to remain present in Court, if and when necessary.
Subject to that arrangement and on fulfillment of such conditions, as may be imposed by the Revisional Court, the concerned Department of Government of India will have no objection for their travelling to their respective countries," the Top Court had ordered.
It had asked the Revision Court to dispose of such applications expeditiously.
In view of the aforesaid observations, the ASJ allowed the application for deportation as per law, subject to the following conditions:
- If revision petition preferred by prosecution against order of CMM-SE whereby applicant was discharged is set aside by this Court, the applicant will return to India and will remain present in the Court during Trial.
- Applicant will furnish personal surety of Rs. 30,000/- by way of FDR.
- Applicant will furnish his mobile phone, email ID and residential address to IO and will keep the mobile phone and email ID in active mode and will respond to message/query of IO.
- Applicant will always be available and accessible on the given mobile number and email ID.
The Ld. ASJ Sandeep Yadav by the order dated 24th August 2020 had discharged all the foreigners in question in absence of any record or credible material placed before the court and on lack of substance in documents produced before it. It was observed that neither the chargesheet nor any documents showed their presence or participation at Markaz during the relevant period. This order of discharge had been challenged by the police and is pending consideration before the Sessions Court.
The foreigners had been charged for offences u/s 14 (b) Foreigners Act, 1946, u/s 3 of Epidemic Diseases Act, 1897, u/s 51/58(1) of the Disaster Management Act, 2005 & u/s 188/269/270/271/120B Indian Penal Code, 1860.
The present applications were filed through Advs. Ashima Mandla and Mandakini Singh.