How is housing foreigners who attended Tablighi Jamaat conference an offence?: Delhi High Court to Police

  • Gargi Chatterjee
  • 04:24 PM, 13 Nov 2021

Read Time: 05 minutes

Justice Mukta Gupta of the Delhi High Court questioned the city police on what offence was committed by some Indian nationals when they housed foreigners, who attended the Tablighi Jamaat event last year amid the COVID-19 lockdown.

The Delhi High Court was hearing a petition filed by those who hosted foreigners, seeking to quash the FIRs registered against them.

The plea has been filed by individuals for quashing of FIRs against those who had provided refuge to the foreigners attending the Tablighi Jamaat event.

Further, pleas have also been filed by people like managing committee members or caretakers of different mosques who have been accused of providing housing facilities to the foreign nationals in the masjids under the jurisdiction of the Chandni Mahal police station, according to the Indian Express.

The petitioners in the case told the court that in the FIR, they were wrongly accused of spreading disease. They claimed that the accusations against them were “unwarranted, concocted and untenable in law.” The petitioners also contended that the FIR indicate that the only allegations against them was their alleged presence inside the Masjid along-with foreign nationals, however, there was no indication of either any religious/social gathering being held inside the Masjid or of the petitioners being Covid-19 positive.

While allowing time to the Delhi Police to file a detailed report, Justice Gupta observed:

"Suddenly when lockdown is imposed, where does one go after that? What is the offence committed? Is there any bar on Madhya Pradesh residents to stay in Delhi in any mosque, temple or gurudwara? They can stay wherever they want. Was there a notice that everybody will throw out whosoever was staying (with them)?"

"I have brought out the point. You will tell me where is the violation when there is no question of changing places at that time. I can understand they went out, that they violated the (lockdown) notification. When lockdown was imposed, there was no bar on anyone residing anywhere," the court further stated, according to a report in Times of India.

The matter is listed for further hearing on December 6.

Tablighi Jamaat is a religious conference which had taken place on March 9 and 10 in Delhi’s densely populated Nizamuddin area, last year. The congregation was said to be the focal point for thousands of Corona virus infections around the country in the initial weeks of the lockdown. The event had renewed stigma against Muslims, triggering a wave of business boycotts and hate speech.

Cause Title: Mohd Anwar & Ors. V. State Nct Of Delhi