Justice Ajay Bhanot of HC of Allahabad made an observation in the case of attempt to murder i.e. Section 307 of IPC against Mohammad Saad that the attempt to murder charge slapped against him who participated in the religious congregation organised by the Tablighi Jamaat at New Delhi in March, was reflective of “abuse of the power of law”.
He was accused of deliberately not informing the local authorities about taking part in the event & avoiding voluntary quarantine upon his return from Delhi.
The court passed this order of stay while hearing a plea filed by the accused who challenged the charge sheet filed against him in the case. The petition stated before the court said that earlier the charge sheet was filed under sections 269 & 270 of the IPC for spreading the deadly disease, but later it was recalled & a fresh charge sheet was filed under section 307 of IPC for ‘attempt to murder’.
The court after hearing the parties observed that- “From a perusal of the material, charge sheeting the applicant under Section 307 IPC prima facie reflects an abuse of the power of law.” It has directed the state Govt. SSP and concerned Police Officer to file reply in this case and has fixed the next date of December 15th.