Tablighi Jamaat-Acute Absence Of Material To Proceed Further, No Reason Given to Invoke Foreigners Act Charges: Jharkhand Court Discharges 10 Indonesian Nationals

A local Court in Dhanbad (Jharkhand) last week discharged 10 Indonesian nationals, part of the Tablighi Jamaat from charges under the Foreigners Act. It may be noted that as reported by Hindi News Portal, Jagran, after they pleaded guilty to the charges under Indian Penal Code, the Judicial Magistrate, Dhanbad Ritwika Singh imposed Rs 3,000 each on the petitioners. The case has been reportedly disposed of on these terms and now the petitioners are free to go back to their country. As far as charges under levelled under the Foreigners Act were concerned, the Additional District Judge-III (ADJ), at Dhanbad discharged all the 10 Indonesian Nationals along with two Indian Nationals (Guides) while noting, "In the entire case diary, no reason for submitting charge sheet against the petitioners under the penal provisions of Foreigners Act has been assigned." The Court further remarked, "So far (their) overstay in India is concerned, these accused persons had their valid Visa which had not expired and only because of the lockdown proclaimed by the Central Government followed by the State Government, they overstayed. Had the lockdown was not proclaimed then these accused persons could never have been subject to criminal case." In the present case, cognizance was taken u/s 14B/14C/13 of the Foreigner Act but the Court noted that no material/evidence was brought before the Court that accused entered into the territory of India on the basis of forged passport. Importantly, the Court remarked, "There is acute absence of materials to proceed further and framing any charge u/s 14B, 14C/13 of The Foreigners Act 1946 and accordingly the petition made for discharge u/s 227 of the Cr.P.C. is allowed to that extent." Lastly, the petitioners were discharged from the allegations of offences u/s 14B, 14C/13 of The Foreigners Act 1946. As stated, for charges under Section viz 175, 176, 188, 269, 270, 271 r/w 34 of the IPC and section -3 of the Epidemic Deceases Act, they were tried before the Judicial Magistrate, Dhanbad Ritwika Singh, wherein they pleaded guilty (as reported by various media portals). In related news, noting that police didn't collect any material in any form to make a prima-facie view that the foreign nationals before the Court had indulged in religious/Tabligh work, the Patna High Court last month quashed entire Criminal Prosecution against 18 foreigners associated with Tablighi Jamaat. Also, while observing that the plea raised by accused persons is "reasonably probable" that none of them was present at Markaz during the relevant period and they had been picked up from different places so as to maliciously prosecute them, the Saket Court (Delhi) last month acquitted 36 foreigners facing trial for allegedly flouting COVID guidelines while participating in a Tablighi Jamaat event in Nizamuddin in March this year. Further, while staying further criminal proceedings in a case against the applicant-accused (Mohd. Sad) for attending Tablighi Jamaat Congregation, the Allahabad High Court last month observed that charge sheeting the applicant under Section 307 IPC prima facie reflected abuse of the power of law. Last week, the Supreme Court allowed about 27 persons accused in connection with the Tablighi Jamaat congregation, who have been discharged and against which order the government is at present exploring the feasibility of filing a revision, to return to their home countries on giving an undertaking/bond to the registry of the top court.Click Here To Download Order/JudgmentRead Order/Judgment

Tablighi Jamaat-Acute Absence Of Material To Proceed Further, No Reason Given to Invoke Foreigners Act Charges: Jharkhand Court Discharges 10 Indonesian Nationals

Sparsh Upadhyay

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