Charging Tablighi Jamaat attendee for "attempt to murder" an abuse of power of law: Allahabad High Court

The Allahabad High Court recently opined that charging a person who had participated in the Tablighi Jamaat convention at New Delhi with the offence of attempt to murder under the Indian Penal Code (IPC) prima facie reflected an abuse of the power of law (Mohd. Saad v. State of UP and ors)..The High Court made the observation while staying the criminal proceedings under Sections 307 (attempt to murder) and 270 (malignant act likely to spread infection of disease dangerous to life) of the IPC against the Tablighi Jamaat attendee.."From a perusal of the material, charge sheeting the applicant under Section 307 IPC prima facie reflects abuse of the power of law," the Court said..Justice Ajay Bhanot was told that the petitioner and others accused had visited the Tabligi Jamat congregation amid the COVID-19 pandemic and returned home without intimating the administration about their arrival or going into voluntary quarantine..The prosecution claimed that the accused went to Delhi knowing fully well that the COVID-19 pandemic had been declared and that a large number of persons at the Markaz congregation at New Delhi were infected. .From a perusal of the material, charge sheeting the applicant under Section 307 IPC prima facie reflects abuse of the power of law.Allahabad High Court.It was alleged that the petitioner and others accused had concealed their visit to Delhi and deliberately indulged in negligent and condemnable acts..In this regard, Habib told the court that though the original charge sheet was drawn up under Section 269, 270 of IPC, the same was recalled and a fresh charge sheet was submitted under Section 307 IPC on orders passed by the CO..Advocate Javed Habib, appearing for the petitioner, however, contended that even if the evidence collected during the investigation as well as the FIR were taken on their face value, no offence was disclosed against the applicants..Habib further informed the Court that though the original charge sheet was drawn up under Sections 269 and 270 of the IPC, the same was recalled and a fresh charge sheet was submitted under Section 307 (attempt to murder), IPC on orders passed by the CO. The petitioner, in the meanwhile, had tested negative for the virus. .Noting that the matter required consideration, Justice Bhanot has directed the concerned SSP and CO to file a personal affidavit in the matter to explain how the offence of attempt to murder has been attracted in this case.."C.O. shall also file his personal affidavit indicating as to how the ingredients of Section 307 IPC are made out from the facts in the record from the material collected during the investigation and justify the amendment directed by him to the charge sheet", reads the order. .The matter will be taken up next on December 15..[Read order]