Chief Metropolitan Magistrate at Saket Court granted bail to 122 Malaysian nationals affiliated with the Tablighi Jamaat case who were charged with violating visa conditions and government regulations for curbing COVID19 spread.
CMM Gurmohina Kaur issued bail to all Malaysian nationals after furnishing a personal bond of approximately 10,000 each and forwarded to Metropolitan Magistrate Siddharth Malik their request for an early hearing plea bargaining.
Pursuant to section 3 of the Epidemics Diseases Act, sections 51 and 58 of the Disaster Management Act, and sections 188, 269, 270, 271, and 120B of the Indian Penal Code, the charge was lodged against the above-mentioned foreign nationals.
It is also claimed that section 14(b) of the Foreigners Act and sections 304, 308 and 336 of the IPC have been additionally attached to the charge sheet during the investigation.
In the previous trial, by finding that there is a prima facie case to proceed against the aforementioned foreign nationals under the provisions cited in the charge sheet, the court had taken cognizance of the charge sheet.
The court said: “There is prima facie sufficient material on record to proceed against the accused persons u/s 14(b) Foreigners Act, 1946 r/w section 3 of the Epidemic Diseases Act, 1897, r/w section 51 of the Disaster Management Act, 2005, r/w section 188, 269, 270, 271 IPC who have been mentioned in column no. 11 of the charge sheet. Accordingly, cognizance of the offenses u/s 14(b) Foreigners Act, 1946 r/w section 3 of the Epidemic Diseases Act, 1897, r/w section 51 of the Disaster Management Act, 2005, r/w section 188/269/270/271 IPC is hereby taken.”
During the proceedings, which was conducted through video conferencing, the court observed that: “At this stage, it is seen that 48 charge sheets and 11 supplementary charge sheets have been filed in the present FIR country wise by the IO depending upon the nationality of the accused persons. Further, in view of the guidelines and suggestions given by the Hon'ble High Court of Delhi vide order dated 01.07.2020, let the accused persons be summoned in the following manner.”
At present, these foreign nationals are residing at their own expense in accommodations of their choice.