Justice Nalawade's Observation That Action Against Tablighi Jamaat Members Was 'Indirect Warning To Indian Muslims' Outside Scope Of Petition: Justice Sewlikar Of Bombay HC

Justice MG Sewlikar of the Aurangabad bench of the Bombay High Court, while concurring with the operative part of the judgment authored by his senior colleague Justice TV Nalawade quashing FIRs against 29 foreign nationals of Tablighi Jamaat group had observed- "I had the privilege to read the judgment of brother Hon'ble Justice Shri. T.V. Nalawade. I agree with the operative part of the judgment, but do not agree with some reasoning. My judgment with reasons will follow." In a 4 page order released on August 27, Justice Sewlikar has recorded his observations regarding some of the reasoning. He states- "The material placed on record does not show that when the foreign nationals landed in India they were infected with Covid19. Similarly the material placed on record does not show that the foreign nationals violated visa conditions. Visiting religious places does not amount to violating visa conditions. The statements of the witnesses recorded during the investigation do not show that the foreign nationals were propagating religion. Continuation of prosecution against the petitioners in these circumstances would be an abuse of process of Court. Since none of the offences under the aforesaid Sections are made out the charge-sheets deserve to be quashed." However, Justice Sewlikar observed that he agreed with all observations made by Justice Nalawade in his 58-page judgment except the following para- "There were protests by taking processions holding Dharana 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 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). There were protests on a large scale not only in Delhi but in most of the States in India. 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 anything 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 FIR and the case itself."Expressing his difficulty in concurring with the above paragraph in the judgment of Justice Nalawade, Justice Sewlikar said : "I find it difficult to concur with these observations as allegations in this respect are not made in the petitions nor there is any evidence in this regard. Therefore in my opinion these observations are outside the scope of the petitions".While quashing the FIRs, the HC had observed that the Tablighi Jamaat members were made "scapegoats" and criticized the "big media propaganda" against them after noting that they were "virtually persecuted" with a campaign that they were responsible for spreading COVID-19 in India.Bombay HC Says Tablighi Jamaat Foreigners Were Made 'Scapegoats'; Quashes FIRs Against Them; Criticizes Media Propaganda [Read Judgment] Media Propaganda That Tablighi Jamaat Attendees Spread COVID-19 In India Was Unwarranted: Bombay HCClick Here To Download Order[Read Order]

Justice Nalawade's Observation That Action Against Tablighi Jamaat Members Was 'Indirect Warning To Indian Muslims' Outside Scope Of Petition: Justice Sewlikar Of Bombay HC

Nitish Kashyap

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