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On Tuesday, the Delhi High Court was informed by the Delhi Police officials that the Indian citizens, who had provided accommodation to foreign attendees of the Tablighi Jamaat congregation (March) last year in the Masjid premises, had not only violated the prohibitory orders issued by the Delhi Government but also contributed to the spread of Covid-19.

The developments came after the Court directed the Delhi Police to file a status report in the case seeking quashing of FIRs lodged against about 48 Delhi residents accused of allowing foreign Tablighi Jamaat congregation attendees to live in mosques or their houses in March last year while the Covid-19 pandemic was raging over the world.

A single judge bench of Justice Mukta Gupta had asked the Delhi Police to specify on record whether there was any prohibition on providing such accommodation to the foreign nationals, while also hammering the police for being unable to answer about the date of arrival of the foreigners in India.

Pointing out the lack of investigation in the matter, the Court had said, “Then your officers don’t deserve to be investigating officers.”

At least 48 people are accused in at least a dozen FIRs which have been challenged before the High Court.

Advocate Ashima Mandla appearing for the petitioners on Tuesday submitted before the Bench that while the prohibitory orders issued by the Delhi Government specifically prohibited religious congregations and religious gatherings, the attendees who were found inside mosques or in houses were just merely provided shelter.

"The contention in the FIR is that you stayed in the masjid despite there being a prohibitory order. They said specifically that any gathering social, cultural, religious, sports etc. is prohibited. They say a religious congregation is prohibited. The fact of the matter here is that even if these people are found inside mosque today or in houses, that is just simplicitor shelter," the advocate stated.

Consequently, the Court granted two weeks’ time to Mandla for filing a rejoinder on the legal contentions and the facts involved in each of the FIRs.

The Bench posted the matter for hearing on February 28 and also granted further two weeks’ time for filing of written statements.

On March 31, 2020 FIR 63/2020 was registered by the Crime Branch under Sections 188, 269, 270, 120B, 271 of IPC and Section 3 of Epidemic Diseases Act.

In the backdrop, the Court had directed the Deputy Commissioner of Police (DCP), Central to file a detailed affidavit indicating whether the petitioners are accused in FIR 63/2020 registered by the Crime Branch.

The bench had further directed for the affidavit of the DCP to indicate as to whether there was any prohibition for any Indian national to keep a foreigner at his residence who had come to India on a valid passport and visa at the relevant time.

Cause Title: Mohd Anwar & Ors. vs State of NCT of Delhi