[Tablighi Jamaat] There Is No Iota Of Evidence Against The Accused; Mumbai Court Acquits 20 Foreign Nationals [Read Order]

A Metropolitan Magistrate court in Andheri on Monday acquitted a total of 20 foreign nationals accused of spreading Coronavirus and violating orders of lockdown by two police officers who were prosecution witnesses in the case as well. The accused belonged to two different countries, ten of them are from Indonesia and the other ten are from Kyrgyz Republic. Thus, the Magistrate court passed two separate orders.Metropolitan Magistrate RR Khan observed that the prosecution witnesses themselves admitted that they have not seen accused persons contravening any directions or order issued by authority. Thus, here is no iota of evidence with the prosecution to show any contravention of orders by the accused persons, Court said.The accused were facing trial for the offences under Section 37(3) of Bombay Police Act punishable under section 135 of Bombay Police Act. On April 5, 2020, the informant PSI Durgesh Harishchandra Salunkhe lodged FIR against accused persons for various offences under Sections 188 (Disobedience to order duly promulgated by public servant), 269 (Negligent act likely to spread infection of disease dangerous to life), 270 (Malignant act likely to spread infection of disease dangerous to life) of IPC along with Section 14 of Foreigners Act, Section 3 of the Epidemic Act and Section 51 of the Disaster Management Act. According to the prosecution, on March 29, 2020, at about 10 am the informant alongwith his associates visited Noor Masjid, Jamat Khana, Gaondevi Dongar, Andheri (W), Mumbai and came to know that in said Masjid 10 foreigners belonging to Indonesia have arrived. The informant inquired with them and obtained necessary information. During inquiry he found that their Passports and VISA are valid and they have come from Delhi Markaz on February 22, 2020. The informant stated that the said persons visited various places and persons and spread the infection. He has further stated that they have violated the lockdown norms and infringed the orders of the Police Commissioner. Strangely, the informant has given identical details for the other ten foreign nationals who are also accused in the case. He stated that on the same day at 10 am, he along with his associates visited Tayyaba Masjid, in front of Andheri Subway and came to know that in said Masjid 10 foreigners of Kyrgyz Republic have arrived. When the informant inquired with them and obtained necessary information, he found that their Passports and VISA are valid and they have come from Delhi Markaz on February 22, 2020.Upon receipt of complaint against all the accused, the officer-in-charge of DN Nagar Police Station has taken cognizance and registered above mentioned offences against accused persons. The Investigating Officer PI Rajendra Vishwanath Rane initiated investigation and filed charge-sheet in Court on June 17, 2020 adding Sections 307(attempt to murder), 304(2) (punishment for culpable homicide not amounting to murder) of IPC alongwith above mentioned offences. Thereafter, the accused were ordered to be released on a personal bond of Rs.25,000 each by the Sessions Court.The Sessions Court discharged accused persons of the offences 307 and 304(2) of IPC and returned the case to the Magistrate Court for trial in accordance with law by order sated September 21, 2020. Then, a discharge application under section 239 of CrPC came to be filed before the Magistrate Court on September 25, 2020. The prosecution responded to the application on the same day with it's say on the backside of application. On October 1, 2020, the application for discharge came to be turned down.On October 7, 2020, the accused persons requested the Magistrate Court for framing of charge. As a sequel of order on discharge application and as per judicial ratio laid down by the Bombay High Court in HLA SHWE and Anr. Vs. State of Maharashtra, the charge for section 135 of Bombay Police Act came to be framed as no case for offences under sections 188, 269, 270 of IPC and Section 14 of Foreigners Act and section 51 of Disaster Management Act and section 3 of The Epidemic Act were made out. Accordingly, charge came to be framed and the accused abjured their guilt and claimed to be tried.Senior Advocate Amin Solkar along with Advocate AN Shaikh appeared on behalf of the accused, whereas, Additional Public Prosecutor PS Sapkale appeared for the State.After examining submissions by both parties, Magistrate Khan observed-"Noticeably, the case of prosecution consists of only two witnesses as per charge-sheet. Accordingly, in order to prove the guilt of the accused, prosecution has examined its both witnesses. The evidence of PSI Durgesh Salunkhe and PI Rajendra Rane came to be recorded through video conferencing. I have recorded the statement of accused persons under section 313 of CrPC. They have denied the evidence put forth by the prosecution."Court noted that both the prosecution witnesses (IO and the informant) had only strengthened the case of the accused as the...

[Tablighi Jamaat] There Is No Iota Of Evidence Against The Accused; Mumbai Court Acquits 20 Foreign Nationals [Read Order]

Nitish Kashyap

Tags