Allahabad high court questions ‘murder attempt’ charge against Tablighi participants

PRAYAGRAJ: The Allahabad high court has observed that filing a chargesheet for attempt to murder against a person for attending the Tablighi Jamaat meet at New Delhi even though he tested negative for novel coronavirus infection prima facie reflects an abuse of the power of law.
“The matter needs consideration,” said Justice Ajay Bhanot while directing the counsel for the applicant, one Mohammd Saad of Mau district, to implead UP DGP, Mau SSP and circle officer of Mau as respondents in the case.
The court also stayed the proceedings of criminal case registered against Mohammad Saad at police station Kotwali of Mau district under Sections 307, 270 IPC, in the court of Juvenile Justice Board, Mau till further orders.
During hearing, the counsel for Mohammad Saad contended that the prosecution said in the chargesheet that the applicant had visited a religious congregation organized by Tablighi Jamaat at New Delhi but did not intimate the administration of his arrival after returning nor did he go under voluntary quarantine.
The counsel added that upon examination, the applicant had tested negative and contended that even if evidence collected during investigation and in the FIR are taken on face value (though denied as incorrect), no offence is disclosed against the applicant.
He further submitted that the original chargesheet was drawn up under Section 270 (whoever malignantly does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life) and another section of IPC and even presented in the court. However, the same was recalled and fresh chargesheet was submitted under Section 307 (attempt to murder) and 270 of IPC as per an order the by the Mau circle officer.
Justice Bhanot directed the circle officer to file his personal affidavit indicating as to how Section 307 (attempt to murder) of IPC is made out from the facts in the record from the material collected during the investigation and justify the amendment in the chargesheet directed by him.
The court also directed the additional government advocate (AGA), representing the state government to file counter reply in the matter within 10 days.
The court directed to put up this case on December 15, 2020 in the list of fresh cases for the next hearing.