PoliticsIndia: Supreme Court asks trial Court to hasten hearing against Tablighi Jamaat...

    India: Supreme Court asks trial Court to hasten hearing against Tablighi Jamaat members

    On Monday, November 2, 2020, the Supreme Court, Delhi, instructed the trial courts to fasten the hearings of cases against the foreign Tablighi Jamaat members for the violation of visa, which is yet due. The bench of justice was hearing a batch of petitions filed by the Tablighi Jamaat members against the FIRs that were lodged against them under the grounds of violation of visa. It also includes participating in a congregation in the National Capital of India, New Delhi, amid the lockdown, which was imposed due to the sudden outbreak of the Covid 19 pandemic.

    The bench was led by the members such as A M Khanwilkar, Dinesh Maheshwari & Sanjiv Khanna. The bench had then gone through the list of pleas enrolled by the Tablighi Jamaat’s alleged members for attending the congregation, held in Nizamuddin Markaz in Delhi, amid the lockdown imposed to avoid the spread of coronavirus. The Supreme Court, however, has decided and requested the trials court to quicken the hearing of the accused foreign members of the Tablighi Jamaat. Their hearing is due for November 20 this year.

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    The content of the petitions filed by the members of the Tablighi Jamaat included that as a whole, blacklisting the foreigners from 35 nations and not providing them with an opportunity to defend themselves is an atrocious and imprudent violation of Article 21 ( Right to life and personal liberty) of the Constitution of India.

    The senior advocate, Menaka Guruswamy, spoke in favor of the petitioners & said that the cases registered against her clients had become an excuse for “protracted limitation.” She also mentioned that the pleas requested by eight of her clients had been wholly discharged of all the allegations made against them and must be discharged before the trial on November 10. However, their applications tor permission to leave the country has not yet been granted.

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    Another senior lawyer, C U Singh, also spoke in favor of the petitioners and mentioned to the Justice Bench that the names of 36 petitioners had been cleared of the serious charges that were made against them under Section 14 B(using a forged passport to enter the country) of the Foreigners Act of 1946. Despite this, their applications for permission to leave the country have not yet been granted. Moreover, the police have also filed applications to revise the discharge of these 36 people, and their hearing is now due on November 7 & November 10. Mr. Singh also stated that” this is a punitive sort of process,” pointing towards the progress of the case.

    Earlier, the top court had directed the Bihar government to move the Patna High Court to seek transfer of the criminal cases against the 13 foreign members of the Tablighi Jamaat members before the trial court for quick disposal, preferably within eight weeks of the transfer of the case. Before this, the Centre had told the Supreme Court to look out for the notices that were issued against some foreigner, who had challenged the government’s orders of blacklisting the foreign members of the Tablighi Jamaat from 35 countries across the world, against the violation of visa & involvement in the congregation held in Delhi amid the lockdown.

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    According to the available information, 205 FIRs had been lodged against the Foreign Tablighi Jamaat members by 11 states. Among others, 2,679 of the foreigners have been blacklisted & are mentioned in the Centre’s affidavit. Out of these, the visas of 2,765 foreigners (including 9 OCI cardholders) have been canceled. The remaining 86 include Nepalis, who do not require a visa.

    Yordi Abebe
    Yordi Abebe
    A Entrepreneur, writer having diversified interests. I'm creative writer, feel free to contact me and share your thoughts.


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