New Delhi/Allahabad: The Allahabad high court observed that the attempt to slap a murder charge against a Mau resident who participated in the religious congregation organised by the Tablighi Jamaat in March was reflective of an “abuse of the power of law”.The high court made the observation while staying the proceedings under section 307 (attempt to murder) of the Indian Penal Code against Mohammad Saad, who was accused of deliberately not informing the local authorities about taking part in the event and avoiding voluntary quarantine upon his return from Delhi.Justice Ajay Bhanot passed the order, while hearing a petition filed by Saad challenging the chargesheet filed against him in the case.The petitioner pleaded before the court that earlier the chargesheet was filed under sections 269 and 270 of IPC for spreading deadly disease, but later it was recalled and a fresh chargesheet was filed under section 307 of IPC for ‘attempt to murder’.The court after hearing the concerned parties observed, “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 also directed the state government, SSP Mau and the concerned police officer to file their reply in the 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,” the bench directed.The court fixed December 15 as the next date of hearing in the case.Also Read: COVID, Communal Reporting and Centre’s Attempt to Use Independent Media as Alibi for InactionThe Tablighi Jamaat congregation in New Delhi in March coincided with a spike in the coronavirus cases in the country. The Central government, BJP leaders and media played a crucial role in communalising the pandemic and blaming the Muslim community in general and the Tablighi Jamaat in particular for the spread of COVID-19.In UP, the Yogi Adityanath government even promulgated an ordinance in May that prescribed a maximum punishment of life term if a person causes death by “intentional affliction” of COVID-19. The ordinance was passed merely a few days after the chief minister accused those who visited the Tablighi Jamaat event of “hiding” their infection, which he said “is definitely a crime”.“And this crime has been done by those associated with the Tablighi Jamaat,” he said, adding action would be taken against them, prompting fears that the ordinance would be used to target only certain people.In many other states too, both local and high courts have found that the action taken by police departments against people who attended the Tablighi Jamaat event was excessive. In Mumbai, all cases registered against people who attended the event ended “either in acquittals or discharge, being cleared of all charges”.This came after the Bombay HC observed that the people who attended the congregation were chosen as ‘scapegoats‘.(With PTI inputs)
