The Allahabad High Court has held that charging a person who had participated in the Tablighi Jamaat convention with the offence of attempt to murder under the Indian Penal Code (IPC) prima facie reflects an abuse of power and stayed the criminal proceedings against the Tablighi member.
The court made the observation in the petition by a 15-year-old Tablighi member challenging the police chargesheet which had invoked Sections 307 (attempt to murder) and 270 (malignant act likely to spread infection of disease dangerous to life) of the IPC against the juvenile petitioner, Mohammad Sad.
The Allahabad High Court, reportedly, said: “From a perusal of the material, charge sheeting the applicant under Section 307 IPC prima facie reflects abuse of the power of law.”
According to Indian Express, Justice Ajay Bhanot directed the Mau town SSP and the Circle Officer (CO) to file personal affidavits and “indicate as to how the ingredients of Section 307 of the IPC (attempt to murder) were made out from the facts in the record from the material collected during the investigation”.
The court also asked the CO to “justify the amendment (incorporation of Section 307) directed by him to the chargesheet”.
The chargesheet accused the petitioner of attending the Tablighi congregation and failing to inform the local administration when he returned home and did not undergo volunteer quarantine, his lawyer Javed Habib told Indian express.
The initial chargesheet invoked only Sections 269 (negligent act likely to spread infection of disease dangerous to life) and 270 (malignant act likely to spread infection of disease dangerous to life) IPC.
The court in its December 2 order also stayed the criminal proceedings against the petitioner and scheduled the next hearing for December 15.
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