Tablighi Jamaat-'No Material To Show They Indulged In Prohibited Tabligh Activity', Patna HC Quashes Cases Against 18 Foreign Nationals

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 on Tuesday (22nd December) quashed entire Criminal Prosecution against 18 foreigners associated with Tablighi Jamaat. The Bench of Justice Rajeev Ranjan Prasad specifically said, "The Chief Judicial Magistrate, Araria took cognizance of Prohibited offences and decided to issue summons to these foreign nationals in a routine and mechanical manner." The Matter before the Court There were two pleas before the Court. In the first plea [Cr.W.J.C. No. 367/2020], 11 petitioners (Petitioner no. 1 to 9) were involved, who are foreign nationals and they entered India on tourist visa by road through West Bengal. They visited the 'Nizamuddin Markaz', Delhi prior to Tablighi Conglomeration, thereafter they reached Araria in the State of Bihar on 11.03.2020 and they were residing in 'Rawahi Markaz' since 15.03.2020. On the other hand, the Petitioner no. 10 and 11 are the permanent residents of the Araria District. On 22nd March 2020, Janta Curfew was declared and from 24th of March the nation-wide lockdown for 21 days was declared. It was their further case that the petitioners were stranded in 'Rewahi Markaz', they were screened by the administration and then the local administration put them in quarantine and they remained quarantined at Rewahi Markaz for the mandatory period as per government's Standard Operating Procedures (SOPs). Further, the Bihar Police visited Rewahi Markaz on 12.04.2020 and registered an F.I.R. According to the F.I.R., Maulana Tohid and Maulana Munif (petitioner no. 10 & 11) had told the informant that the nine Bangladeshi nationals were staying in the Markaz since 15.03.2020, they were called in the Markaz by the Maulana and they were involved in the spread of religious ideologies. It was alleged that when the informant asked the Maulanas as to why no information about the stay of Bangaladesies nationals in the 'Rewahi Markaz' was made available to Narpatganj Police Station, the Maulanas were unable to satisfactorily answer the query of the informant. The informant alleged that (i) none furnishing of information about their visit within the police station and (ii) getting involved in the spread of religious ideologies by a foreign national who is visiting India on a tourist visa, are offences under Section 14 and 14(C) of the Foreigners Act, 1946 (hereinafter referred to as the 'Foreigners Act' or 'the Act of 1946'). During the pendency of the Writ Application, a Charge sheet was filed in this case under Sections 14 and 14 (C) of the Foreigners Act. The Chief Judicial Magistrate, Araria had, vide order dated 01.10.2020, taken cognizance of the offences under the aforesaid provisions and summons have been issued to petitioners. Similar facts and charges were involved in the Second Writ Petition [Cr.W.J.C. No. 369 of 2020] The question before the Court The whole matter was related to a question as to whether the F.I.Rs. in question are disclosing a violation of Visa conditions in terms of Section 14(b) of the Act of 1946 or that the petitioners may be said to have abetted the offence punishable under Sections 14, 14-A or 14-B so as to attract a penalty envisaged under Section 14-C of the Act of 1946. Court's Observations Firstly, the Court observed that the Circular dated November 20, 1996 [issued by Union Ministry Of Home Affairs] states that the foreign nationals entering India on Tourist Visas, if found indulging in religious/Tabligh work, action including their deportation under the Foreigners Act should be taken. At the same time, the circular has clarified that attending Tabligh Jamat Ijtemah (congregations) does not amount to Tabligh work prohibited under instructions. [NOTE: Tabligh work does include place to place preaching; speaking from Tabligh platform/canvassing during congregations etc and action against foreign nationals indulging in these activities is to be taken.] Secondly, perusing the circulars dated April 15, 2015, the Court noted that the Government is well aware of the fact that the foreign nationals visiting India on Tourist Visa from some of the countries are usually staying at various 'Mosque'/ 'Madarsa'. It is to be noted that the Union Ministry of Home Affairs has not banned or restricted stay of foreign nationals on Tourist Visa in the 'Mosque' / 'Madarsa'. "Foreigners did not indulge in Religious/Tabligh Work" In fact, the Court noted that what has been banned/prohibited is their indulgence/participation in the act of preaching, speaking from Tabligh platform/canvassing during congregation etc. only those foreign nationals are required to be prosecuted who have been found involved...

Tablighi Jamaat-'No Material To Show They Indulged In Prohibited Tabligh Activity', Patna HC Quashes Cases Against 18 Foreign Nationals

Sparsh Upadhyay

"BOI/Local Police Station didn't identify these foreign nationals as those involved in religious/Tabligh work" Patna High Court

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