Adv Ashima Mandla: there needs to be an expert committee to handle the implemenation of the policy
CJI: They have questioned the very basis of the starvation deaths data that you have shown
AG: Not a single state has shown data for starvation death
Advocate Ashima Mandla for respondents: We object to it. Section 34 of NDPS Act already provides a period of 180 days.
Dhulia J: Ok, we will consider that.
Advocate Ashima Mandla appeared for the Indian nationals against whom FIRs were filed under various sections of Indian Penal Code, Epidemic Diseases Act, Disaster Management Act and Foreigners Act.
Order: Both the parties are requested to formulate questions explaining irreversible consequences as also mandatory nature of procedural compliances so as to safeguard the interest of accused as well as prosecution. Advocate Ashima Mandla appointed as nodal officers.
Hearing ends.
#WATCH | 2020 Tablighi Jamaat congregation case | Advocate Ashima Mandla, counsel for accused persons, says, "Delhi High Court has quashed all 16 trials which were pending against 70 Indian nationals. The only allegation against them was that they were housing foreign nationals. Out of the 16 cases, there were 3 such cases in which the Indian nationals were housing foreign nationals in their own homes, which in no manner can be seen to be an offence. We are talking about those times when during lockdown the directive was that be where you are, when leaving your house was an offence. So, in such circumstances, if any kind of shelter is being provided on humanitarian grounds to foreign nationals, that cannot be an offence. These FIRs also include foreign nationals who were either already acquitted or had entered plea bargaining in the main FIR. So, this was a case of double jeopardy where in the main Markaz FIR, about 955 foreign nationals were named, about 908 entered please bargains, 44 went into trial and they were acquitted. The State never filed an appeal against it but when a lot of these foreign nationals were going back to their hometowns or countries, they were stopped at the immigration and they were informed that they have another FIR against them...So, we had earlier gone to Delhi High Court to seek quashing for foreign nationals in the second FIR. But at that time, there were no chargesheets in a lot of these FIRs. So, the High Court had clubbed all these matters and directed for the MCMM Saket Court to see if cognisance is made or not in the matter. MCMM Saket Court had declined to take cognisance against the foreign nationals on the ground of double jeopardy. But the trial was proceeded against the Indian nationals...Over here, in these cases, in none of the chargesheets there is any proof that any of these Indian nationals or foreign nationals had COVID, because the allegations were two-fold...So, for those reasons all the trials have been quashed..."
VIDEO | Advocate Ashima Mandla speaks on the Delhi High Court quashing 16 cases against 70 Indian nationals for hosting foreign attendees of the Tablighi Jamaat congregation in March 2020 during the COVID-19 pandemic:
"Today, the Delhi High Court quashed 16 FIRs involving 70 Indian nationals who were charged with allegedly violating prohibitory orders against religious congregations. They were also accused of contributing to the spread of the disease. Our argument was that, with regard to the religious congregation, these individuals were merely providing shelter and housing. Regarding the allegation of spreading the disease, we pointed out that the chargesheets are completely silent on whether even a single one of them had COVID-19. One cannot be accused of spreading a disease they did not have."
(Full video available on PTI Videos - https://t.co/bIyFWTfmBd)
Details in this report :
ED Can't Invoke PMLA Using S.120B IPC When Criminal Conspiracy Isn't Linked To A Scheduled Offence : #SupremeCourt
https://t.co/uYCjdRlclK
#BREAKING#SupremeCourt holds that Section 120B IPC will become a scheduled offence only if the alleged conspiracy is related to an offence specifically included in the Prevention of Money Laundering Act schedule.
Court quashes an #ED case which invoked S.120 B for a non-scheduled offence.
The top court had on January 18 said the Centre will have a role in drafting the model Community Kitchens Scheme and, particularly, exploring the possibility of providing additional food grains for it.
https://t.co/vhfzirC17h
Byway of last opportunity, the Supreme Court Tuesday granted three weeks’ time to the Central Government to finalize a model community kitchen agreeable to all the state governments and the Union Territories
https://t.co/Ig2rgHWmjS
'Welfare State Has To Ensure No One Dies Of Hunger' : Supreme Court Gives Centre Last Chance To Frame Community Kitchen Policy @SrishtiOjha11 https://t.co/Fv3pQRQJh3
Adv Ashima Mandla: One manual scavenger does every 5 minutes. Pleadings have not been filed.
Bench: We cannot compel people to file counters. We will proceed without them.
Bench: Will hear it in 3rd week for august.