Bombay HC quashes FIRS against “Tablighi Jamaat”.
Calling them scapegoats in a pandemic, Bombay High Court rejected charges of 29 foreign nationals being responsible for the spread of the COVID-19 virus in the country.
The Bombay High Court on Saturday, quashed FIRs filed against 29 foreign nationals who had attended the Tablighi Jamaat event in Delhi’s Nizamuddin Markaz in March. The top court of Maharashtra said that there was no proof of them violating visa conditions. The High Court also rejected the claims of them being responsible for the spread of COVID-19 virus in the country, and of propagating Islam. In a strongly-worded judgment, the Aurangabad Bench of the court stated that there was a possibility of making the Tablighi Jamaat scapegoats. The bench said,” A political government tries to find a scapegoat when there is pandemic or calamity and the circumstances show that there is a probability that these foreigners were chosen to make them scapegoats.”
Bombay High Court criticizes Maharashtra Police for non-application of mind:
A Division Bench of Justices M.G. Sewlikar and T.V. Nalawade noted that there was no restriction on foreigners visiting religious places. The petitioners, who are from countries including Ivory Coast, Iran, and Indonesia said that they had come to India to experience Indian heritage, culture, hospitality and they had valid visas issued by the Indian government. The Bombay High Court criticized the Maharashtra Police and pointed out their “non-application of mind” because of filing charge sheets despite no prima facie evidence. The bench further said that social and religious tolerance is a practical necessity for the unity and integrity of India and that the government cannot give different treatment to citizens of different religions of different countries as made clear in the Indian Constitution.
Central government’s action indicates an indirect warning to Indian Muslims, says HC:
Regarding them staying in mosques, the court said that amid a nationwide lockdown, permitting foreigners to stay in the premises of the mosques cannot be deemed as a violation of the law. The court observed that the central government took action mainly against Muslim persons in an “indirect warning to Indian Muslims” after large-scale protests were held against the 2019’s Citizenship Amendment Act, across the country.
