Delhi court allows deportation of 8 foreign Tablighi Jamaat members discharged of all charges

Delhi court Friday allowed the deportation of eight foreigners, discharged of charges of being negligent and attending Tablighi Jamaat congregation here in March this year in violation of the government guidelines issued in wake of COVID-19 pandemic in the country.

Additional Sessions Judge Sandeep Yadav allowed the foreigners' plea seeking deportation to their countries and imposed certain conditions on them.

The court directed the investigating officer (IO) to facilitate expeditious closure of the Lookout Circulars (LoC) against them.

It said if the pending revision petition filed by the police against the foreigners was allowed by the court, then they would have to come back to India to join the proceedings.

It further directed them to deposit a surety amount of Rs 30,000 to the court and furnish their name, phone number, e-mail address and address to the investigating officer before leaving the country.

The court further said they should respond to the IO as and when notified.

A magistrate court had on August 24 discharged them of all charges under which they were charge sheeted in the absence of any record or credible material against them.

The police had challenged the order before the sessions court, which is pending.

The applications, filed through advocates Ashima Mandla and Mandakini Singh, had stated that though the foreigners were discharged of all charges and their passports were released, necessary orders directing deportation and closure of LoCs against them were not granted.

The application had further said that the Supreme Court had on October 15, granted them liberty to move formal application before the trial court for deportation as per the law.

They foreign nationals were chargesheeted 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) and 271 (Disobedience to quarantine rule) 120-B (criminal conspiracy) of the Indian Penal Code.

They were also booked under section 51 (obstruction) Disaster Management Act, section 14 (1) (b) (violation of visa norms) of Foreigners Act and Section 3 (disobeying regulation) of Epidemic Diseases Act.

While discharging two foreigners each from Indonesia and Thailand, and one each from Kyrgyzstan, Nigeria, Kazakhstan and Jordan, the court had said perusal of the entire charge sheet and other documents placed on record showed that they were not present or participated at the Makaz during the period.