'They Are Also Entitled To Equal Protection Of Law ', Allahabad HC Grants Bail to 6 Foreign Members of Tablighi Jamaat [Read Order]

Last week, Justice Jaspreet Singh of the Lucknow Bench of the Allahabad High Court granted bail to six members of Tablighi Jamaat, who happen to be citizens of Kyrgyzstan.These bail applicants were arrested under Section 188 I.P.C., Section 3 of Epidemic Disease Act, 1897, Section 12(3) of the Passport Act, 1967 and Sections 3(2) and Section 3 (3) Passports (Entry into India) Act, 1920 and Section 14/14-C of the Foreigners Act, 1946 and Section 51 of the Disaster Management Act, 2005.The Bail granted to these six members is subject to the condition that they shall deposit an amount of Rs 11,000 each in C.M. Covid-19 Relief Fund and shall submit a receipt in this regard before the Court concerned. It is to be noted that the applicants before the court, were in Jail since 18.04.2020.While granting the bail, the Court highlighted the fact that the applicants who have prayed for bail, even though are foreign nationals, cannot be deprived of their personal liberty except in procedure established by law and that they are also entitled to equal protection of law and equality before the law.Court, in its order said,"The law does not permit any differentiation between Indian nationals and foreign citizens in the matter relating to grant of bail. What is permissible while considering the facts and circumstances of each case, the Court can impose different conditions which may be necessary to ensure that the accused is made available for facing the trial and an application for bail cannot be rejected solely on the ground the applicants are foreign nationals."Court also noted the fact that unless and until extreme circumstances are pointed out, it cannot be considered that the parameters for considering a bail application for a national or a foreigner would be on a different footing before the Court of law. The case against the accused personsAccording to the First Information Report, the Administration on 22.03.2020 had imposed Section 144 C.r.P.C. within the area of Lucknow Commissionarate. Information was received that in a Markaz Mosque situated at Lucknow, 6 foreign nationals who had entered India on a tourist Visa and they were being given shelter in the said mosque by its Manager namely Ali Hasan.The fact also came into light that the aforesaid foreign nationals had attended the religious congregation at Nizamuddin in New Delhi and thereafter had come to Lucknow and without getting their medical examination done, they were residing in the said Markaz Mosque.It is also alleged that the Manager of the Mosque had given shelter to these foreign nationals for the purposes of propagating and disseminating religious discourse and these persons have violated the norms and were staying at one place. It is also alleged that the local police/Administration was not informed regarding these 6 foreign nationals.Later on, the applicants were medically examined and on 31.03.2020 and they were kept at the Lok Bandu Hospital under 14 day's quarantine under medical supervision. It is alleged that the applicants have deliberately violated the Government Orders and have worked against the provisions of law and for the aforesaid they have been accused of having committed an offence under the Sections as hereinabove mentioned.Arguments in the CourtCounsel for the applicants, Sri Priyanshu Agarwal submitted before the court that the aforesaid applicants are valid passport holders and were granted valid Visa to arrive in the territory of India. The applicants arrived at New Delhi on different dates and thereafter all the applicants reached Lucknow on 13.03.2020.It was categorically claimed by the counsel that the applicants had provided all the necessary details regarding their travel and stay within the territory of India including at Lucknow with the Foreigner Regional Registration Office, Lucknow (hereinafter referred to as FRRO), Lucknow which is under the Ministry of Home Affairs, Government of India.It was also submitted that the applicants, as per their disclosed programmes, had already decided to stay in Lucknow for a period of 22 days. It is during this period that on 22.03.2020 initially a Janta Curfew was observed and thereafter the Government of India announced a National Lockdown due to which the movement of the applicants was completely restricted and they were confined to the place of their stay and could not more or travel out of Lucknow or even the Country and thus by circumstances, the applicants were confined.He also informed the Court that they were kept in quarantine for 14 days and during this period they were tested thrice and on all the occasions, all the applicants tested negative for COVID-19 and thereafter they have been put in Jail on 18.04.2020.Counsel for the State Shri J. S. Tomar submitted that the applicants came to the Country under a tourist Visa. He contended that a person who enters the territory of India under a tourist Visa is not entitled to participate or undertake any religious seminar or...

'They Are Also Entitled To Equal Protection Of Law ', Allahabad HC Grants Bail to 6 Foreign Members of Tablighi Jamaat [Read Order]

Sparsh Upadhyay

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