In a momentous judgment, the Delhi High Court on Thursday quashed 16 FIRs against 70 Indian nationals accused of sheltering attendees of Tablighi Jamaat during the nationwide COVID lockdown. According to the Court, the charges were baseless and without any legal substance, thereby freeing the accused of the charges.
Court Verdict
- Justice Neena Bansal Krishna, presiding over the matter, allowed the petitions filed by the accused and ordered quashing of chargesheets against them. With a brief note of "chargesheets quashed," the Court disposed of the petitioners' pleas which sought to impugn the FIRs.
- Advocate Ashima Mandla appeared for the petitioners and stated that the accused had merely sheltered stranded persons during the sudden and unprecedented lockdown.
Background of the Case
- The charges arose at the commencement of the COVID-19 outbreak in March 2020 when a large number of persons who had attended the Tablighi Jamaat event at Nizamuddin Markaz had found themselves stranded due to the sudden imposition of the lockdown. The Indian nationals in question had allegedly accommodated these attendees in their homes and local mosques, such as Masjid Sayyed Rafi in Chandni Mahal.
- The plea to quash the FIRs was initially opposed by the Delhi Police. They submitted a status report in January 2022, contending that the petitioners infringed upon Section 144 CrPC orders dated 31.03.2020 and the Delhi Government notification dated 22.03.2020 that prohibited the assembly during the pandemic.
- It was alleged by the police that the petitioners helped congregate Tablighi Jamaat members at the mosque premises without maintaining social distancing or enhancing any hygienic precautions, thus causing the spread of the COVID-19 virus.
Petitioners' Arguments
- Advocate Ashima Mandla submitted that while government orders did prohibit religious gatherings, the persons found inside mosques or homes were not members of any ongoing congregation or event. They were stranded persons who had been accepted into temporary shelter during an emergency situation.
- The Court inquired into the viability of what was expected of the government during the lockdown. At an earlier stage of the proceedings, the police had been asked, "Where would these people have gone when a lockdown was suddenly imposed?"-highlighting the lack of an option being offered to stranded persons.
Details of the FIRs
- The main FIR in question, FIR No. 74/2020, was registered under Sections 188, 269, 270, and 120-B of the Indian Penal Code (IPC), 1860. The petitioners contended that this FIR was unnecessary, concocted, and legally defective. They further alleged that unwarranted charges were being placed against them, thereby infringing upon their liberty.
- According to them, the FIR arose purely from their presence at Choti Masjid, Fatak Teliyan during the lockdown and did not unravel any concrete evidence of them having organized a religious or social gathering. It was, however, important for the petitioners to point out that nowhere in the FIR was it claimed that they had tested positive for COVID-19.
- The other FIRs in the matter were FIR numbers 89, 86, 82, 84, 85, 76, 75, 80, and 79, registered at Chandni Mahal police station. Each of these cases followed the same pattern, where the only allegation was the presence of Indian nationals along with foreign attendees in mosque premises.
Significance of the Ruling
- Throughout four years and more, the petitioners had been under legal scrutiny, making this ruling a big relief for them. The judgment strengthens the view that humanitarian considerations should be applied in an unprecedented crisis like the COVID-19 lockdown.
- By declaring that giving shelter to any person during lockdown is not synonymous with violation of prohibitory orders, the Delhi High Court upheld the principle of fairness, which it found lacking in the prosecution's side by way of evidence.
Case Title
- The case was known as MOHD ANWAR & ORS. v. STATE (NCT OF DELHI) along with other connected matters. The judgment sets a precedent in recognizing that legal action cannot be taken against individuals solely for offering shelter during a humanitarian crisis, unless backed by strong and specific evidence of wrongdoing.
The decision of the Delhi High Court in quashing the charges against 70 Indian nationals accused of sheltering Tablighi Jamaat members during the COVID-19 lockdown ushers in closure to a long legal ordeal. The ruling also reflects the Court’s balanced approach in addressing legal accountability while recognizing the humanitarian realities of a sudden and chaotic lockdown.
The judgment underlines the importance of judicial scrutiny, due process, and compassionate justice, especially during emergency situations.
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