The bail plea of 10 Indonesian nationals, who attended the Tablighi Jamaat Markaz at Nizamuddin in New Delhi and were arrested by Mumbai Police on April 23, was rejected by a metropolitan magistrate’s court in Bandra on Monday. They were remanded in judicial custody till May 11.
The accused were arrested on April 23 under Sections 307 (attempt to murder), 304 (ii) (culpable homicide not amounting to murder if the act is done with the knowledge that it is likely to cause death but without the intention to cause death), 269 (negligent act likely to spread infection of disease that is dangerous to life), 270 (malignant act likely to spread infection of disease dangerous to life) and 188 (disobedience to order duly promulgated by public servant) of the Indian Penal Code.
The foreign nationals, through their advocate Ishrat Khan, had filed the bail plea, claiming that the charges of murder and culpable homicide were not applicable in the case. Mr. Khan also said the accused were also booked under charges of misuse and fabrication of passport which were false.
While the prosecution did not reply to the bail plea, Mr. Khan told the court that it did not have jurisdiction to decide on the plea, considering the sections applied, and sought for an appropriate order. The magistrate then rejected the plea.
The 10 were part of a group of 12 people who had come to India on February 29 and after attending the Tablighi Jamaat came to Mumbai on March 7, and travelled to various places within the city.
The FIR against them was registered after Mumbai Police tracked them down to Bandra on April 1, after which two of the 12 tested positive for COVID-19 and were admitted to Lilavati Hospital. They are now under home quarantine till May 8. This also saw the 10 others being quarantined for a period of 20 days following which they were arrested.
Soon after it came to light that people who had attended Tablighi Jamaat had been infected with the virus, the police had issued a notice asking participants to voluntarily disclose their visit failing which an FIR would be registered.
