[Tablighi Jamaat] Delhi HC transfers case of juvenile Malaysian from one Juvenile Justice Board to another due to lack of quorum

The Delhi High Court today transferred from one Juvenile Justice Board to another the case of a juvenile Malaysian national in the Tablighi Jamaat case, on account of lack of quorum. (Fahrul Naim Bin Mohd Noor vs UOI & Ors).A Single judge Bench of Justice Anup J Bhambhani was also informed that criminal case against other 121 Malaysians has been closed by the Chief Metropolitan Magistrate after they entered a plea bargain and a fine of Rs 7,000 was imposed on them..After the outbreak of COVID-19 amongst the participants of the Tablighi Jamaat at Nizamuddin Markaz, Delhi Police had registered FIR against the attendees, organizers and members of the Jamaat..Subsequently, chargesheets were filed against over 900 foreigners, including 121 Malaysians. Cognizance of offences u/s 14(b) Foreigners Act, 1946 r/w section 3 of the Epidemic Diseases Act, 1897, r/w section 51 of the Disaster Management Act, 2005, r/w section 188/269/270/271 IPC was taken by the CMM earlier this month. .[Tablighi Jamaat] Delhi Court takes cognizance of chargesheet; Malaysian accused move plea bargaining applications.While all the Malaysian accused persons were admitted to bail on a personal bond of Rs 10,000 each, the case of the sole juvenile accused was directed to be placed before the Juvenile Justice Board (JJB) concerned. .When the matter was taken up by the JJB at Kingsway Camp, it was discovered that the Board did not have the quorum to deal with it, on account of vacancies. .It was the juvenile Malaysian's concern that while his case was adjourned till July 31, all other accused persons from his country were scheduled to leave India on July 17..He thus moved the High Court for a direction to transfer his case from one JJB to another such JJB which has the quorum to decide his case. .[Tablighi Jamaat] Dispose of cases where foreign nationals are pleading guilty, entering plea bargains: Delhi HC suggests.After hearing the plea, the Court noted that although Section 407 CrPC empowered the Court to transfer cases from one criminal court to another, no such specific power had been granted with respect to transfer of cases from one JJB to another. .The Court thus invoked its inherent jurisdiction under Section 482 CrPC, in the interest of justice, to transfer the case of the juvenile Malaysian from JJB at Kingsway Camp to JJB Vishwas Nagar. .The plea was accordingly disposed of. .The juvenile Malaysian was represented by Advocate S Hari Haran. Senior Standing counsel (Crl) Rahul Mehra also appeared before the Court to provide assistance.