New Delhi [India], April 7 (ANI): The FIR over the congregation at Markaz Tablighi Jamaat in Nizamuddin, which has become the epicenter of COVID-19 spread, has been lodged under bailable offenses and the accused in the matter can get bail from the police station itself, say lawyers.
"As the accused are booked under those provisions which are bailable in nature, the grant of bail is a matter of right and it may be given by a police officer who is having the custody of accused," noted criminal lawyer MS Khan told ANI here on Tuesday.
Advocate Tauseef Khan, who is associated with Tablighi Jamaat, expressed unhappiness with the hue and cry made against the members of Tablighi Jamat and said that its Chief Maulana Saad is currently in self-quarantine and will appear before Delhi Police whenever required.
According to officials, the members of Tablighi Jamaat are prima facie booked under Section 3 of Epidemic Diseases Act 1897, read with Section 51 and 58 of Disaster management Act 2005 read with Section 188 (disobedience to order duly promulgated by public servant) Section 269 (negligent act likely to spread infection) Section 270 (malignant act likely to spread infection) Section 271 (disobedience to quarantine rule) and 120B (criminal conspiracy) of the IPC.
According to Section 3 of the Epidemic Disease Act, any person disobeying any regulation or order made under this Act shall be deemed to have committed an offence punishable under section 188 of the IPC.
Section 51 of the Disaster Management Act, 2005 deals with the punishment for obstruction while Section 58 of this act is an offense by companies, where an offense under this act has been committed by a company or corporate body.
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Advocate Tanya Agarwal said that all these sections are bailable in nature. She further added that bailable offense is those, in which, bail is a matter of right. Agarwal said that the maximum sentence under these sections are up to two years or fine.
"Generally, offences which are less serious or less grave in nature are bailable. Bail is a matter of right in bailable offences. One can obtain bail from the police station itself. In other words, if a person is arrested he/she has to be released on bail by the police. Whereas in non-bailable offences bail is the discretion of the court," Tanya Agarwal said.
Delhi Police, in its FIR, said that on March 24, the government had promulgated prohibitory orders under 144 CrPC, thereby restricting social, political, religious gathering in the area and to take safety measures by following social distancing for prevention and treatment like home quarantine and isolation.
The menace and hazard of COVID-19 viral infection during large gatherings was verbally conveyed to Maulana Mohammad Saad and the management of Markaz on several occasions, including during meetings held in the police station in this regard, it said.
"They deliberately, willfully. negligently and malignantly disobeyed the lawful directions promulgated in this regard by the Delhi Government. Despite repeated reminders, they again refused to pay any heed," the FIR said.
"Thousands of devotees from various states as well as foreign countries were found residing in the premise without maintaining any social distance with each other, the police said adding that no one was seen following the directions such as use of facial mask, hand sanitizers," it added.