LUCKNOW: IN a major observation, the Allahabad High Court said that filing a charge sheet for attempt to murder a person for attending Tablighi Jamaat meet at New Delhi early this year even though he tested negative for COVID-19 prima facie reflected an abuse of the power of law.
The court directed to put up this case on December 15, 2020, in the list of fresh cases for the next hearing.
Staying the proceedings of the criminal case registered against petitioner Mohd Saad at police station Kotwali of Mau district under Sections 307, 270 IPC, in the court of Juvenile Justice Board, Mau, till further orders, the court felt that the matter needed a consideration.
“The matter needs a review,” said Justice Ajay Bhanot while directing the petitioner’s lawyer to implead UP Director General of Police, Senior Superintendent of Police, Mau, and circle officer of Mau as respondents in the case.
During the hearing, Mohd Saad’s lawyer claimed that the original chargesheet was framed around 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) of IPC, it was recalled and fresh charge sheet was submitted under Section 307 (attempt to murder) and 270 (malignly doing an act to spread infection) of IPC on the orders passed by circle officer
concerned.
The defence lawyer contended that the prosecution had claimed in the chargesheet that the applicant had visited a religious congregation organized by Tablighi Jamaat at New Delhi but neither he intimated the administration of his arrival after returning nor did he go under voluntary quarantine.
The counsel claimed that as the applicant had tested negative after returning from the Jamat congregation, even if the evidence collected during the investigation and in the FIR were taken on face value, no offence seemed to stand against the applicant.
Justice Ajay Bhanot directed the circle officer of Mau 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 a counter reply in the matter within 10 days.