Why press ‘attempted murder accused’ for attending Tablighi meeting, asks HC | India News
“The matter needs consideration,” Judge Ajay Bhanot said while directing the applicant’s attorney, Mohammd Saad from the Mau district, to implement the UP DGP, the Mau SSP circle officer and Mau as defendants in the case.
The court also suspended criminal proceedings recorded against Mohammad Saad at the Kotwali Police Station, Mau District, under sections 307 (attempted murder) and 270 (IPC malignant act that can spread a dangerous disease for the life) in the court of the Juvenile Justice Board. , Mau, until further orders.
Mohammad Saad’s lawyer maintained that the prosecution said on the charge sheet that the applicant had visited a religious congregation organized by Tablighi Jamaat in New Delhi, but did not hint at the administration of his arrival after returning or undergo quarantine. voluntary. The lawyer added that the applicant had tested negative and maintained that even if the evidence collected during the investigation and in the FIR was taken at face value (although it was denied as incorrect), no crime against him was revealed. applicant.
Attempted murder charges can only be applied if there is an intent to kill. Even if the congregation is accused of being insensitive or reckless, it cannot be equated with an assassination attempt. The HC is right.
He said the original charge sheet was drawn up under IPC Sec 270 and another IPC section, and was even filed in court, but was later withdrawn and a new charge sheet was filed under IPC Secs 307 and 270 as per the orders of the official Mau circle.
Judge Bhanot ordered the ring officer to submit a personal affidavit stating how a charge of “attempted murder” was formulated from the facts recorded from the material gathered during the investigation, and to justify the amendment on the record sheet. charges directed by him.
The HC also ordered the additional government advocate, representing the state government, to file a “counter-response” on the matter within 10 days.