No iota of evidence to show any contravention of order: Mumbai Metropolitan Magistrate acquits 20 foreign Tablighi Jamaat attendees

A Mumbai Court yesterday acquitted 20 foreign attendees of the Tablighi Jamaat event who had been charged under Section 135 of the Bombay Police Act for violating the prohibitory orders of the COVID-19 lockdown..Metropolitan Magistrate at the Andheri Court RR Khan noted in his order,.“There is no iota of evidence with prosecution to show any contravention of order by accused persons beyond all shadow of doubt. There is no legal evidence adduced by prosecution to show that accused persons infringed the notification lawfully made under section 37 of Bombay Police Act.”Andheri Court.The accused persons were charged by the Mumbai Police for offences under Sections 188 (disobedience of order of public servant), 269 and 270 (acts likely to spread infection of dangerous disease) of the Indian Penal Code along with sections of the Foreigners Act, the Epidemic Diseases Act, and the Disaster Management Act..The accused persons had already been discharged of the more serious offences of Sections 307 (attempt to murder) and 304(2) (homicide not amounting to murder) of the Indian Penal Code by the Sessions Court, Mumbai..However, the accused came to be charged with the. offence under Section 135 of the Bombay Police Act, which imposes punishment for not following prohibitory orders. No other offences could be levied as there was no evidence to prove those offences..Advocate AN Shaikh, appearing for the accused, relied upon the judgments of the Bombay High Court in Konan Kodio Ganstone and HLA SHWE, where Tablighi Jamaat attendees were acquitted of similar offences because there was no evidence against them..Referring to the evidence submitted by police officials, the Court found that the accused had not committed violation of lockdown or curfew..The Court was informed that "none of examined witnesses saw the accused persons together in the form of assembly nor did they see the accused contravening any directions or order issued by authority.".It further noted,."The basic principle of infringement of Section 37 of Bombay Police Act is based upon publicly promulgation of orders. It is transparent that the order in question was not promulgated to accused persons individually."Andheri Court.While acquitting the foreign nationals, the Court cancelled all previous bail bonds of all accused and directed them to furnish fresh bonds of Rs. 10,000/- each..Last week, a Chief Metropolitan Magistrate at Bandra ordered the discharge of 12 Indonesian nationals who attended the Tablighi Jamaat..No record to show that accused acted negligently or to spread COVID-19: Mumbai Court discharges 12 Tablighi Jamaat members [Read Order].[Read the orders of the Metropolitan Magistrate].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.