Foreign Tablighis were made ‘scapegoats’, says High Court, quashes FIRs; slams media propaganda

News Network
August 22, 2020

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In a strongly-worded judgment, the Bombay High Court on Friday quashed the FIRs filed against a total of 29 foreign nationals who were booked under various provisions of IPC, Epidemic Diseases Act, Maharashtra Police Act, Disaster Management Act and Foreigner's Act for allegedly violating their Tourist Visa conditions by attending the Tablighi Jamaat congregation at Nizamuddin in Delhi.

Apart from the foreign nationals, police also booked six Indian nationals and trustees of the Masjids for giving shelter to the petitioners.

A Division Bench of Justice TV Nalawade and Justice MG Sewlikar of the Aurangabad bench heard the three separate petitions filed by petitioners who belong to countries like Ivory Coast, Ghana, Tanzania, Djibouti, Benin and Indonesia. All the petitioners were booked after police claimed to have received secret information about them residing at the respective masjids in different areas and offering prayers in violation of lockdown orders.

According to the petitioners, they came to India on a valid visa issued by the Government of India and they have come to experience Indian culture, tradition, hospitality and Indian food. It is their contention that on their arrival at the airport, they were screened and tested for Covid-19 virus and only when they were found negative for the virus, they were allowed to leave the airport.

Moreover, they had informed the District Superintendent of Police about their arrival in Ahmednagar district. Due to the lockdown imposed since March 23, vehicular movement was stopped, hotels and lodges were closed and consequently the Masjid had given shelter to them. They were not involved in illegal activity including the breach of order of the District Collector, petitioners argued.

In fact, they contended that even at Markaz, they had observed norms of physical distancing. It is their contention that while being granted a visa, they were not asked to inform local authorities about their visit to those places, but they had informed local officers. Also, under the conditions of visa, there was no prohibition to visit religious places like Masjids, petitioners argued.

On the other hand, the District Superintendent of Police, Ahmednagar, filed a reply contending that the petitioners were found visiting places for preaching Islam religion and so, crimes are registered against them. He also contended that five foreign nationals from three different cases were found infected by the virus. It is contended that after the quarantine period was over all the petitioners were shown to be formally arrested.

The DSP submitted that the District Magistrate had issued prohibitory orders and directions were given to close all public places. However, in spite of prohibitory orders and conditions of visa, the petitioners indulged in Tabligh activity. Moreover, announcements were made at public places to ask the persons who had attended Markaz Masjid to come forward voluntarily for testing them in respect of the virus, but they did not come forward voluntarily and they had created a threat of spreading Covid-19 virus.

Petitioners were booked for offences punishable under sections 188, 269, 270, 290 of Indian Penal Code, sections 37 (1)(3) r/w. 135 of Maharashtra Police Act, 1951 and section 11 of Maharashtra Covid-19 Measures and Rules, 2020, sections 2, 3 and 4 of Epidemic Diseases Act, 1897, section 14 (b) of Foreigners Act, 1946 and section 51(b) of the Disaster Management Act, 2005.

After going through the visa conditions that petitioners are governed by, Justice Nalawade, who authored the judgment, noted-

"The aforesaid material produced on the record shows that even under recent updated Manual of Visa, there is no restriction on foreigners for visiting religious places and attending normal religious activities like attending religious discourses. Ordinarily, a tourist is not expected to follow the procedure laid down in para No. 19.8 if he does not want to preach the religious ideologies etc."

APP MM Nerlikar contended that a writ petition is pending before the Supreme Court and in that matter relief is claimed by some similar foreigners to declare that blacklisting of 950 foreigners by the Central Government via decision dated April 2 as unconstitutional and void as due process of law was not followed before making such declaration by the Central Government. Thus, it is not desirable to decide the present proceeding as the Supreme Court is yet to decide the issue. However, Court refused to accept the said contention.

Justice Nalawade observed-

"The material on the record shows that Tabligh Jamamat is not a separate sect of Muslim, but it is only movement for reformation of religion. Every religion has evolved over the years due to reformation as reformation is always necessary due to the changes in the society and the development achieved in the material world. In any case, even from the record, it cannot be inferred that the foreigners were spreading Islam religion by converting persons of other religion to Islam. The record shows that the foreigners were not talking Indian languages like Hindi or Urdu and they were talking languages like Arabian, French etc. In view of the aforesaid discussion, it can be said that the foreigners may have intention to know the ideas of Tabligh Jamamat about the reformation.

The allegations are very vague in nature and from these allegations inference is not possible at any stage that they were spreading Islam religion and there was intention of conversion. It is also not the case that there was an element of persuasion on any point from these foreigners."

Criticising the media's portrayal of foreign nationals who attended Tablighi Jamaat, Justice Nalawade specified-

"There was big propaganda in print media and electronic media against the foreigners who had come to Markaz Delhi and an attempt was made to create a picture that these foreigners were responsible for spreading COVID-19 virus in India. There was virtually persecution against these foreigners.

A political Government tries to find the scapegoat when there is pandemic or calamity and the circumstances show that there is probability that these foreigners were chosen to make them scapegoats. The aforesaid circumstances and the latest figures of infection in India show that such action against present petitioners should not have been taken. It is now high time for the concerned to repent about this action taken against the foreigners and to take some positive steps to repair the damage done by such action."

Finally, referring to the old Indian saying 'Atithi Devo Bhava' meaning 'Our Guest Is Our God', Justice Nalawade said-

"The circumstances of the present matter create a question as to whether we are really acting as per our great tradition and culture. During the situation created by covid-19 pandemic, we need to show more tolerance and we need to be more sensitive towards our guests particularly like the present petitioners. The allegations made show that instead of helping them we lodged them in jails by making allegations that they are responsible for violation of travel documents, they are responsible for spreading of virus etc."

Background Of Malice

Importantly, the Court referred to CAA and NRC protest all over the country and said-

"There were protests by taking processions, holding Dharna at many places in India from atleast from prior to January 2020. Most of the persons participating in the protest were Muslims. It is their contention that the Citizenship Amendment Act, 2019 is discriminatory against the Muslims. They believe that Indian citizenship will not be granted to Muslim refugees and migrants. They were protesting against National Registration of Citizenship (NRC).

It can be said that due to the present action taken fear was created in the minds of those Muslims. This action indirectly gave warning to Indian Muslims that action in any form and for any thing can be taken against Muslims. It was indicated that even for keeping contact with Muslims of other countries, action will be taken against them. Thus, there is smell of malice to the action taken against these foreigners and Muslim for their alleged activities. The circumstances like malice is important consideration when relief is claimed of quashing of F.I.R. and the case itself."

Thus, the Court concluded that the state government acted under political compulsion and action against the foreign nationals can be inferred as malice. Thus, all petitions were allowed and FIRs were quashed.

Justice Sewlikar concurred with the operative part of the judgment but noted that the State's request to grant a stay cannot be allowed.

Notably, the same bench had in February 2020 quashed Sec 144 orders after observing that ant-CAA protesters cannot be called "anti-nationals or traitors".

In June, the Madras HC had quashed the FIRs against Tablighi Jamaat foreigners after observing that they have "suffered enough" and urged the Centre to consider their request to return to their native places.

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News Network
November 15,2024

Udupi: The Tourism Department is planning a major eco-friendly development initiative for Kamini Island, located near the Blue Flag-certified Padubidri End Point beach, aiming to attract more visitors while maintaining environmental sustainability.

Assistant Director Kumar CU emphasized that, given the island’s proximity to the Blue Flag beach, all development efforts will center around eco-friendly practices. “We are looking to enhance the Kamini River and the island’s surroundings by adding a hanging bridge, nature trails, and eco-friendly food courts offering traditional cuisine. Visitors will also be able to reach the island by pedal boats or kayaking,” he said.

The development project is estimated to cost between Rs 3 crore and Rs 4 crore. Meanwhile, the Blue Flag beach, Padubidri, continues to see a steady flow of visitors. Vijay Shetty, manager of the beach, shared that tenders for food courts and water sports have been awarded to private parties. Recently, three new coracles have been introduced, which are proving to be a hit with visitors. Additionally, three more shelters are expected to be ready by November 20.

Shetty mentioned that the beach can now accommodate between 2,500 and 3,000 visitors daily, although footfall remains lower than other district beaches due to user fees and activity restrictions. “Initially, most visitors were from Mangaluru, but now nearly 40% come from other districts, showing a shift in the visitor demographics,” Shetty noted.

To further boost tourism and promote a healthy lifestyle, a Beach Carnival is set to take place on November 23-24, featuring the National Sea Swimming Championship and a sea marathon in collaboration with the Padubidri JCI, which is celebrating its golden jubilee. Cultural events will be held at the main beach, with some sports events taking place at the Blue Flag beach. Emphasis will be placed on making all activities environmentally friendly.

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News Network
November 27,2024

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Gaza health authorities say Israel’s military has "erased” over 1,400 Palestinian families in the besieged territory over the past year.

The Health Ministry said in a statement on Tuesday that the Israeli regime "completely erased about 1,410 families, numbering 5,444 people, from the civil registry during the same period.”

It said that there were 3,463 families with only one survivor, while 2,287 families had more than one survivor.

In northern Gaza, Israel’s warplanes have continued dropping bombs over Palestinian families, Palestinian news agency Wafa reported.

It said one airstrike hit a family home in Jabalia, causing numerous casualties on Tuesday.

According to Gaza's civil defense agency, at least seven people were killed and several others wounded in the attack.

Another person was killed in a strike on a house in nearby Beit Lahia, a town in northern Gaza, which has been declared “a disaster area" by the municipality due to "the Israeli war of extermination and siege, and it has no food, water, hospitals, doctors, services, or communications."

The health ministry said, “Israeli forces killed 14 people and injured 108 others in three massacres of families in the last 24 hours.”

“Many people are still trapped under the rubble and on the roads as rescuers are unable to reach them.”

International organizations and leaders believe that Israel’s genocidal war, now in its second year, is a deliberate attempt to destroy the population of Gaza.

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News Network
November 17,2024

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An Israeli airstrike on the office of Syria’s Baath party in Lebanon’s capital Beirut has killed the Lebanese resistance movement Hezbollah's Media Relations Officer, Mohammad Afif, reports say.

Lebanon's National News Agency (NNA) reported that the Israeli raid struck the Ba'ath party’s building in central Beirut district of Ras Al-Naba'a on Sunday, adding that the strike was an attempt to assassinate the leader of the resistance media front.

According to Baath Secretary-General Ali Hijazi, Afif was having a meeting in the Baath Party headquarters when Israel carried out the attack.

"Afif did not fight with weapons and did not lead a military unit in Hezbollah. Rather, he led a media unit," he said.

Reuters, Sky News, Al Jazeera and a number of Henrew-language media reported that Afif was killed in the Israeli strike.

However, Hezbollah has not yet confirmed Afif’s death or whether he was present at the site or not.

Earlier, the Lebanese Health Ministry said at least one person was killed and three others injured after an Israeli strike targeted a central district in Beirut.

Lebanon's al-Mayadeen television network reported that five people were killed in the attack.

The latest development came after Afif said Hezbollah was behind the Caesarea operation and targeting Netanyahu’s home during a speech at the Ghobeiry area in the southern suburbs of Beirut on October 22.

This was the second assassination attempt on Afif in the last two months, after he survived an attack on the Hezbollah media relations office several weeks ago.

Israel launched a ground assault and massive air campaign against Lebanon in late September after a year of exchanging fire across the Lebanese border in parallel with the Gaza war.

At least 3,287 people have been killed in Israeli strikes in Lebanon over the past year, with the vast majority in the past seven weeks. Another 14,222 have been wounded, mostly women and children.

In response to the ongoing aggression, the Lebanese resistance movement Hezbollah has been staging hundreds of retaliatory strikes against the occupied Palestinian territories and the Israeli forces trying to advance on southern Lebanese areas.

The movement has vowed to sustain its strikes until the regime ends the escalation.

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