The petition attempts to quash the FIR and charge sheet under the Indian Penal Code 188/269/270/120-B, 1860.
On Friday, in a petition filed by Indian nationals affiliated with the Tablighi Jamaat for the annulment of an FIR and subsequent criminal proceedings against them, the Delhi High Court ordered a report from the Delhi Police (Mohd Anwar vs State).
Suresh Kumar Kait was called for a hearing before the Single Judge Bench of Court. Under 188/269/270/120-B of the Indian Penal Code, 1860 and the subsequent submission of the charge sheet, the petition tried to quash the FIR. Because of their attendance at Choti Masjid, FatakTeliyan during the nation-wide lockdown due to COVID-19, the FIR was reportedly registered against the petitioners. The entire judicial proceedings against them are, according to the petitioners, wholly unjustified, concocted, and untenable by statute.
Calling the charges false, embellished, and inflated, the petitioners argued that their mere alleged presence inside the Masjid along with foreign nationals was not an offense, especially when there is no whisper of COVID-19 being positive either of any social meeting or either of them.
Even if the allegations raised in the First Information Report are taken at their face value and acknowledged in their entirety, the petitioner claims that “Even if the allegations made in the First Information Report, are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused; in the absence of prima facie evidence qua the Petitioners herein,”.
The petitioners submitted that the petitioners were trapped inside the masjid during the lockdown during the nationwide Janta curfew and enforcement of prohibitory orders under Section 144 CrPC.
The petitioners argued that the unlawfulness of this sort, which invades citizens’ personal rights, was liable to be challenged and struck down, the petitioners argued, urging the Court to set aside the order of the trial court to take cognizance of the charge sheet for the petitioners, advocates Ashima Mandla and Mandakini Singh emerged. The issue is next to be heard on March 8.