Police reply was sought by the Ld. Additional Sessions Judge, Saket on Monday, 2nd November 2020, in pleas filed by 8 foreigners seeking deportation to their respective countries who had been discharged of the charges levied against them for their alleged negligence in attending the Tablighi Jamaat congregation at Markaz Nizamuddin in violation of the Government guidelines in force in the light of COVID-19 pandemic. Direction has been issued to the police to file a reply by 6th November 2020.
The present applications filed through Advs. Ashima Mandla and Mandakini Singh, had stated that despite having been discharged by the court and release of their passport, no necessary orders directing their deportation and closure of Lookout Circular (LoC) had been granted. The application also stated that, this issue of deportation of the said 8 foreigners had been urged before the Apex Court. Hon'ble Apex Court vide Order dated 15.10.2020 passed in W.P. (C) No. 600/2020 titled Maulana Ala Hadrami & Ors. v. Union of India & Ors. had granted liberty to the move a formal application before this Ld. Court praying for deportation as per law, even in the event of sub-judice criminal revisional petition, if any, pending before this Hon'ble Court. Reliance was placed on the same to seek order of deportation.
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.