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Coronavirus: No proof to show foreigners attending Tablighi Jamaat spread infection, says Bombay HC

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So another case of shameful persecution of anything remotely Muslim in India.

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NEW DELHI — When Ahmed Ali arrived in India earlier this year, he was looking forward to a month of religious study with a little souvenir shopping on the side.

His trip did not go as planned.

Instead, Ali — a pharmacy technician from Buffalo — was among at least six Americans caught up in a sweeping crackdown on an Islamic movement after it emerged as an early source of coronavirus infections in this nation of 1.3 billion people.

Five months later, hundreds of foreigners belonging to the same religious group are still in India. Many were detained, accused of breaking the law and prevented from leaving the country.

Ali, 43, and three members of his family had their passports confiscated and were kept in institutional quarantine for weeks even after repeatedly testing negative for the novel coronavirus.

Now Indian authorities have offered Ali and others in the same situation a deal: Admit to violating the terms of their tourist visas, pay a $70 dollar fine and they can go home. Dozens, including Ali, have refused.

“What did I do wrong?” Ali asked. “We followed the rules of India.”

Ali and his family are part of the Tablighi Jamaat, a century-old Islamic movement headquartered in Delhi that urges Muslims to model their lives on the ways of the prophet Muhammad. It has tens of millions of followers worldwide. Earlier this year, more than 2,500 foreign members of the group were visiting India, according to media reports.

They had no idea their lives would be upended by the pandemic. After India instituted a nationwide lockdown in late March, dozens of coronavirus cases were discovered among those stranded at the main Tablighi Jamaat center. Authorities traced and quarantined members of the group across the country to try to contain the outbreak.

Some members of India’s Hindu nationalist ruling party went further. They falsely accused members of the Tablighi Jamaat of deliberately spreading the virus and engaging in “corona jihad.” The rhetoric spurred a wave of scapegoating that cast Muslims — a religious minority in India — as the source of infections, sometimes with violent consequences.

Meanwhile, the government directed police nationwide to “take necessary legal action” against foreign members of the Tablighi Jamaat on allegations they violated visa regulations and flouted the law governing national disasters. It also announced they would be blacklisted from re-entering India for 10 years.

In several states, such foreigners were kept in jails or quasi-detention for months. Many remained confined to institutional quarantine for weeks after they had tested negative for the virus — or long after they had recovered from it. Nearly all were prevented from returning home even when some flights became available.

A spokesman for India’s Ministry of Home Affairs did not respond to questions about the legal actions taken against members of the Tablighi Jamaat or why they were stopped from leaving the country.

A spokeswoman for the U.S. Embassy in New Delhi said its diplomats are in touch with “multiple U.S. citizens” arrested in connection with the probe. The embassy has also been in contact with the Indian government regarding the developments, she said.

Despite its strict lockdown, India’s coronavirus cases never stopped rising. It has recorded more than 2.7 million cases, behind only the United States and Brazil, and has the fourth-highest number of deaths in the world.

Back when Ali arrived in India, however, the country had fewer than 50 confirmed cases. A refugee from Myanmar who came to the United States in 2010, Ali has deep family ties to the Tablighi Jamaat. His great-grandfather, grandfather and father were all devotees but never visited its headquarters in Nizamuddin, a storied neighborhood in India’s capital.

Ali first made a solo trip to India in 2019. He enjoyed it so much that this year, he brought his wife and her parents. The couple’s three children stayed behind in Buffalo with their two aunts. When the lockdown was imposed in late March, Ali and his relatives were staying at a Tablighi-affiliated mosque in Delhi, where they slept in its common spaces.

In early April, police arrived and confiscated their passports and phones. They took the family to a school-turned-quarantine center, where three of them tested positive for the coronavirus despite having no symptoms.

Their next stop was Lok Nayak Hospital, a government-run covid-19-dedicated facility. Ali said he saw people coughing so hard they collapsed. A dead body was kept in the bed next to him for 24 hours, he said. Over two weeks, Ali tested negative for the virus three times.

While at the hospital, he was shocked to see headlines in a local newspaper blaming the Tablighi Jamaat for growing infections. “My head was just, like, blown,” he said.

The family spent another six weeks in a different quarantine center, where they again tested negative for the virus. In early June they were transferred to a shuttered school in Delhi, where they have stayed ever since.

Police filed charges against Tablighi Jamaat members across the country, saying they had violated their tourist visas. But tourists can attend religious gatherings, and the devotees say they were not engaging in any activities — such as public preaching — that would contravene visa rules pertaining to the Tablighi Jamaat. In some cases, authorities also accused them of disregarding the lockdown order and spreading infection.

Mohammed Ibrahim, a 24-year-old American citizen, spent weeks in a quarantine center before being jailed for 13 days in the state of Maharashtra. He was released on bail after a court said there was no proof that he had violated his visa, nor any evidence that he ever had the virus.

Mohammed Jamal, 61, a truck driver from Buffalo, never tested positive for coronavirus but was kept in institutional quarantine for nearly two months. He said he had visited India four times on a tourist visa without any problem.

“We didn’t come to this country to commit some criminal act,” Jamal said. “We came to learn and visit our fellow Muslims.” Lower courts have already acquitted nearly 100 foreign nationals accused of violating their visas.

Those stuck in India include citizens of dozens of countries, from Mali to Kyrgyzstan to Malaysia. Now, months after the Indian government began its pursuit of the Tablighi Jamaat members, authorities are wrapping up cases against them.

In early August, police said 106 such foreigners in Kolkata could leave the country since they were no longer needed for the probe into Tablighi activities. They included an American green card holder who said he was not even a member of the Tablighi Jamaat but just happened to take shelter in an affiliated mosque because of the lockdown.

There was “an overreaction by some authorities,” said Salman Khurshid, a former government minister and lawyer who represented some of the Tablighis in a case in India’s Supreme Court. In Delhi, the charges against members of the movement have been largely “sorted out, with the intent that people can return to their homes.”

Ali and Jamal intend to fight the charges against them at trial, a process that could take another eight weeks. They’re both eager to return to their children back home. But they see their decision as a matter of principle.

“I just want to stand for justice,” Ali said.

https://www.washingtonpost.com/worl...2ceae4-ddb4-11ea-b4f1-25b762cdbbf4_story.html
 
Court drops visa violation charges against Tablighi foreigners, books 36 others only for negligence

A Delhi court on Monday framed charges against 36 foreigners, who had attended the Tablighi Jamaat congregation at Nizamuddin Markaz in south Delhi in March, for negligence and not maintaining social distancing norms.

It, however, dropped the charges of visa violations while observing that there is not an iota of evidence to suggest that they had in any manner professed or propagated the principles
and doctrines of the Tablighi Jamaat.

In separate orders, the court also discharged eight foreigners, who were charge-sheeted for visa violations and other offences for attending the Tablighi Jamaat congregation, while stating that the entire charge sheet and documents neither shows their presence or participation in the markaz during the relevant period.

This is the first group of people who will walk free to their countries without any charges. Earlier, 911 foreigners were allowed by the trial court to be deported to their native countries under the provisions of plea bargaining, while another 44 foreigners had chosen to stand trial. One Malaysian was found to be juvenile and his case was transferred to Juvenile Justice Board .

Two each from Indonesia and Thailand and one person each from Kyrgyzstan, Nigeria, Kazakhstan and Jordan were set free without standing trial.

The city police had filed 53 charge sheets against 956 other foreign nationals belonging to 35 countries for visa violation, not maintaining social distancing norms and other sections of the Epidemic Act and Disaster Management Act.

Chief metropolitan magistrate Gurmohina Kaur, while framing the charges, discharged the accused from the visa violation charges falling under the Foreigners Act. The judge said the statement of the police officers in which they had alleged that the Tablighi Jamaat people had professed and propagated the doctrines of Jamaat, are general ones and do not specifically allege the role of the accused.

“They ( police statements) are not putting forth the case of the prosecution as it has not been asserted that the foreigners who had participated in the markaz from March 8 to March 10 had done so for the purpose of professing and propagating the principles and doctrines of the Jamaat.

“In fact, there is not an iota of evidence to suggest that the accused had in any manner professed or propagating the doctrines of Jamaat or had indulged in Tablighi work as alleged,” the court said.

Kaur also said the charge sheet is silent on this fact and the register taken from markaz merely marks the presence of the Jamaatis.

The court, however, framed charges against them for negligence (269 IPC), disobedience to order duly promulgated by public servant (188 IPC) and relevant sections of Epidemic Act and Disaster Management Act.

https://www.hindustantimes.com/delh...-negligence/story-dApfg8uF69eSfNieZ0sp5L.html
 
Tablighi Jamaat event caused Covid-19 to spread: MHA in Rajya Sabha

Speaking in the Rajya Sabha, Union Minister of State for Home G Kishan Reddy said the Tablighi Jamaat gathering in Delhi’s Nizamuddin locality in March led to the coronavirus infection spreading to “many persons”.

Reddy also said Delhi Police arrested 233 Tablighi Jamaat members and 2,361 people had been evacuated from the organisation’s headquarters since March 29.

As reported by Delhi Police, despite guidelines and orders issued by various authorities due to the Covid-19 pandemic, a huge gathering assembled inside Nizamuddin Markaz over a protracted period of time and without any semblance of social distancing or provision of masks and sanitisers. “This also caused the spread of coronavirus infection amongst many persons,” the minister said.

https://indianexpress.com/article/i...dates-sept-21-mumbai-delhi-bengaluru-6604666/
 
Coronavirus: No proof to show foreigners attending Tablighi Jamaat spread infection, says Bombay HC

The Bombay High Court has quashed a first information report and chargesheet filed against eight Myanmar nationals who attended a Tablighi Jamaat congregation in Nizamuddin area of Delhi during the coronavirus-induced lockdown in March, Live Law reported on Thursday. The court said there was no evidence to show they indulged in any act, which was likely to spread the infection.

Some sections of the media had linked the congregation to a rise in the spread of the coronavirus cases. The court’s order was passed on Monday, the same day the Centre informed the Rajya Sabha that the gathering led to a spurt in cases.

A bench of Justices VM Deshpande and Justice Amit B Borkar said prosecuting the eight Myanmar nationals would be nothing but an “abuse of the process of the court” due to lack of evidence to support the charges levelled against the foreigners. “It is also not disputed that they were kept in isolation from 24.03.2020 till 31.03.2020 under the supervision of Dr Khawaj, NMC Zonal Officer, Mominpura, Nagpur,” the court said. “There is no material on record to prove that applicants had indulged in any act which was likely to spread infection of Covid-19.”

The judges, citing witness statements, said that eight Myanmar nationals only read the Quran and offered prayers at a local mosque. “Since the applicants were not conversant with the local language, they studied Quran and Hadis in their language,” the order said. “From the material produced in the chargesheet, except the statement of the witnesses referred above, there is no other material produced by the prosecution to prove ingredients of contravention of Section 14 of the Foreigners Act.”

The judges also pointed out that the foreigners tested negative for Covid-19 during their quarantine period from April 3, adding that there was no question of spreading the disease under Sections 269 (negligent act likely to spread infection of disease danger*ous to life) and 270 (malignant act likely to spread infection of disease danger*ous to life) of the Indian Penal Code.

There are no restrictions on foreigners from attending religious gatherings in India under the conditions of Tourist Visa and therefore they did not violate Section 14 of the Foreigners Act, the court said. “The investigating authorities acted without jurisdiction in registering the FIR under Section 188 of the Indian Penal Code based on a complaint of the police,” it added. “The investigation conducted by the police was also without jurisdiction.”

All the eight Myanmar nationals obtained Tourist Visa on arrival from Kolkata Airport to visit India and to attend religious seminars in the country. They landed in Delhi on March 2 and stayed in the city till March 5. After this, they reached Nagpur on March 6 and their entire schedule of activities was submitted to the police station in Gittikhadan. When Prime Minister Narendra Modi called for a “janta curfew” on March 22, the foreigners were shifted to a center and the same was conveyed to the police. However, they did not receive any acknowledgement.

Last month, the Bombay High Court quashed three FIRs against 35 petitioners – 29 of them foreign nationals – who attended a Tablighi Jamaat congregation and travelled from there to different parts of India. The court had said in its judgement that the foreigners had been made “scapegoats” and that the action against them was an “indirect warning to Indian Muslims” after the protests against the Citizenship Amendment Act.

A division bench of Justices TV Nalawade and MG Sewlikar of the Aurangabad bench had also criticised the role of the media in the matter. “There was big propaganda in print media and electronic media against the foreigners who had come to Markaz Delhi and an attempt was made to create a picture that these foreigners were responsible for spreading Covid-19 virus in India,” the order said. “There was virtually persecution against these foreigners.”

https://scroll.in/latest/973982/cor...blighi-jamaat-spread-infection-says-bombay-hc
 
Each and everyone of those Jamaatis should be offered a sincere apology for their ordeal and all those other innocent TJ's.

What was the need to say this line: "prosecuting the eight Myanmar nationals would be nothing but an “abuse of the process of the court” due to lack of evidence to support the charges levelled against the foreigners.

That to me indicates there has been a concerted effort to scapegoat and punish these innocent parties. Fortunately, in this occasion the Indian judicial system did not bow to the Hindutvas.
 
So I am assuming the Indian media is now going to officially apologize to the Tablighi Jamaat? The Indian media at one point made it seems like that the only reason Corona exists in India is because of the Tablighi Jamaat .
 
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So I am assuming the Indian media is now going to officially apologize to the Tablighi Jamaat? The Indian media at one point made it seems like that the only reason Corona exists in India is because of the Tablighi Jamaat .

You have very high expectations from Indian media.
 
So I am assuming the Indian media is now going to officially apologize to the Tablighi Jamaat? The Indian media at one point made it seems like that the only reason Corona exists in India is because of the Tablighi Jamaat .
No less than our Union Home Minister of state was still blaming TJ for spread of Coronavirus in Parliament, 2 days back.

As for our media, they are total sellouts. Do you really expect them to apologize and that too to Muslims?
 
No less than our Union Home Minister of state was still blaming TJ for spread of Coronavirus in Parliament, 2 days back.

As for our media, they are total sellouts. Do you really expect them to apologize and that too to Muslims?

The high court absolves the foreigners. It says nothing about the local attendees. Why it didn't make a statement about the locals?
 
Tablighi Jamaat event caused Covid-19 to spread: MHA in Rajya Sabha

Speaking in the Rajya Sabha, Union Minister of State for Home G Kishan Reddy said the Tablighi Jamaat gathering in Delhi’s Nizamuddin locality in March led to the coronavirus infection spreading to “many persons”.

Reddy also said Delhi Police arrested 233 Tablighi Jamaat members and 2,361 people had been evacuated from the organisation’s headquarters since March 29.

As reported by Delhi Police, despite guidelines and orders issued by various authorities due to the Covid-19 pandemic, a huge gathering assembled inside Nizamuddin Markaz over a protracted period of time and without any semblance of social distancing or provision of masks and sanitisers. “This also caused the spread of coronavirus infection amongst many persons,” the minister said.

https://indianexpress.com/article/i...dates-sept-21-mumbai-delhi-bengaluru-6604666/

Over 400 staffers of Puri’s Jagannath temple have tested positive for Covid-19: Odisha govt to HC

https://www.indiatoday.in/amp/coron...covid-19-odisha-govt-to-hc-1726367-2020-09-28

I am guessing no one will “blame” them, and rightfully so. People should be encouraged to take precautions, but you can’t single out and blame specific communities for the spread.
 
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[MENTION=76058]cricketjoshila[/MENTION] I remember in the past you were arguing that Hindu groups would also be treated the same way as TJ if they violated Covid regulations. Do you see the difference in treatment now? TJ were hounded and vilified by both mainstream and social media. How come these temples aren’t being treated the same way?
 
[Tablighi Jamaat] There Is No Iota Of Evidence Against The Accused; Mumbai Court Acquits 20 Foreign Nationals

A Metropolitan Magistrate court in Andheri on Monday acquitted a total of 20 foreign nationals accused of spreading Coronavirus and violating orders of lockdown by two police officers who were prosecution witnesses in the case as well. The accused belonged to two different countries, ten of them are from Indonesia and the other ten are from Kyrgyz Republic. Thus, the Magistrate court passed two separate orders.

Metropolitan Magistrate RR Khan observed that the prosecution witnesses themselves admitted that they have not seen accused persons contravening any directions or order issued by authority. Thus, here is no iota of evidence with the prosecution to show any contravention of orders by the accused persons, Court said.

The accused were facing trial for the offences under Section 37(3) of Bombay Police Act punishable under section 135 of Bombay Police Act. On April 5, 2020, the informant PSI Durgesh Harishchandra Salunkhe lodged FIR against accused persons for various offences under Sections 188 (Disobedience to order duly promulgated by public servant), 269 (Negligent act likely to spread infection of disease danger*ous to life), 270 (Malignant act likely to spread infection of disease dangerous to life) of IPC along with Section 14 of Foreigners Act, Section 3 of the Epidemic Act and Section 51 of the Disaster Management Act.

According to the prosecution, on March 29, 2020, at about 10 am the informant alongwith his associates visited Noor Masjid, Jamat Khana, Gaondevi Dongar, Andheri (W), Mumbai and came to know that in said Masjid 10 foreigners belonging to Indonesia have arrived. The informant inquired with them and obtained necessary information. During inquiry he found that their Passports and VISA are valid and they have come from Delhi Markaz on February 22, 2020. The informant stated that the said persons visited various places and persons and spread the infection. He has further stated that they have violated the lockdown norms and infringed the orders of the Police Commissioner.

Strangely, the informant has given identical details for the other ten foreign nationals who are also accused in the case. He stated that on the same day at 10 am, he along with his associates visited Tayyaba Masjid, in front of Andheri Subway and came to know that in said Masjid 10 foreigners of Kyrgyz Republic have arrived. When the informant inquired with them and obtained necessary information, he found that their Passports and VISA are valid and they have come from Delhi Markaz on February 22, 2020.

Upon receipt of complaint against all the accused, the officer-in-charge of DN Nagar Police Station has taken cognizance and registered above mentioned offences against accused persons. The Investigating Officer PI Rajendra Vishwanath Rane initiated investigation and filed charge-sheet in Court on June 17, 2020 adding Sections 307(attempt to murder), 304(2) (punishment for culpable homicide not amounting to murder) of IPC alongwith above mentioned offences.

Thereafter, the accused were ordered to be released on a personal bond of Rs.25,000 each by the Sessions Court.

The Sessions Court discharged accused persons of the offences 307 and 304(2) of IPC and returned the case to the Magistrate Court for trial in accordance with law by order sated September 21, 2020. Then, a discharge application under section 239 of CrPC came to be filed before the Magistrate Court on September 25, 2020. The prosecution responded to the application on the same day with it's say on the backside of application. On October 1, 2020, the application for discharge came to be turned down.

On October 7, 2020, the accused persons requested the Magistrate Court for framing of charge. As a sequel of order on discharge application and as per judicial ratio laid down by the Bombay High Court in HLA SHWE and Anr. Vs. State of Maharashtra, the charge for section 135 of Bombay Police Act came to be framed as no case for offences under sections 188, 269, 270 of IPC and Section 14 of Foreigners Act and section 51 of Disaster Management Act and section 3 of The Epidemic Act were made out. Accordingly, charge came to be framed and the accused abjured their guilt and claimed to be tried.

Senior Advocate Amin Solkar along with Advocate AN Shaikh appeared on behalf of the accused, whereas, Additional Public Prosecutor PS Sapkale appeared for the State.

After examining submissions by both parties, Magistrate Khan observed-

"Noticeably, the case of prosecution consists of only two witnesses as per charge-sheet. Accordingly, in order to prove the guilt of the accused, prosecution has examined its both witnesses. The evidence of PSI Durgesh Salunkhe and PI Rajendra Rane came to be recorded through video conferencing. I have recorded the statement of accused persons under section 313 of CrPC. They have denied the evidence put forth by the prosecution."

Court noted that both the prosecution witnesses (IO and the informant) had only strengthened the case of the accused as the informant stated that he had not noticed accused persons violating the lock-down or curfew and the IO admitted that nobody is in harm or died due to the accused persons.

"From the combined perusal of evidence of Police officials of prosecution, it is apparent that both of them have deposed that the accused have not committed violation of lock-down or curfew. Additionally, they have deposed that they neither entered into mosque and nor noticed accused contravening the lock-down norms. Ultimately, the prosecution witnesses themselves have clarified the position of accused persons."

Moreover, Magistrate Khan observed that he accused persons are charged for the offence under section 37(3) r/w 135 of Bombay Police Act. Admittedly, accused persons are foreigners, therefore, they are not acquainted with the local language as well as law of the State. The basic principle of infringement of section 37 of Bombay Police Act is based upon publicly promulgation of orders. It is transparent that the order in question was not promulgated to accused persons individually, Court noted.

Finally, acquitting the accused, the Magistrate Court recorded-

"The brief survey of prosecution evidence transpires that none of the examined witnesses have an occasion to see the accused persons together in the form of assembly. Per contra the prosecution witnesses admitted that they have not seen accused persons contravening any directions or order issued by authority. The said witnesses were also not found in position to tell where and how the accused person were residing at the time of alleged offence.

Thus there is no iota of evidence with prosecution to show any contravention of order by accused persons beyond all shadow of doubt. During imposition of lock down and their ultimate shelter in mosque or nearby will not render them responsible for such contravention. There is no legal evidence adduced by prosecution to show that accused persons infringed the notification lawfully made under section 37 of Bombay Police Act.

Hence by following the judicial ratios laid down by Bombay High Court in the cases of - Konan Kodio Ganstone and Anr Vs. State of Maharashtra and HLA SHWE & Anr. Vs. State of Maharashtra, and lack of evidence in support of charge, I am satisfied to answer my finding to point no.1 in negative and further satisfied to acquit the accused persons."

https://www.livelaw.in/amp/top-stor...bai-court-acquits-20-foreign-nationals-164719
 
[MENTION=76058]cricketjoshila[/MENTION] I remember in the past you were arguing that Hindu groups would also be treated the same way as TJ if they violated Covid regulations. Do you see the difference in treatment now? TJ were hounded and vilified by both mainstream and social media. How come these temples aren’t being treated the same way?

India has been overtaken by RSS agenda, till the monster Modi is alive and in power, he will continue to show his genes. Jinnah was right .
 
[MENTION=76058]cricketjoshila[/MENTION] I remember in the past you were arguing that Hindu groups would also be treated the same way as TJ if they violated Covid regulations. Do you see the difference in treatment now? TJ were hounded and vilified by both mainstream and social media. How come these temples aren’t being treated the same way?

Crickets
 

Lol yeah funny thing is [MENTION=76058]cricketjoshila[/MENTION] is active throughout the forum but seems to be avoiding this. But I don’t blame him, the hypocrisy of Indian media and social media is plain too see and I don’t think he can spin this.
 
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<blockquote class="twitter-tweet"><p lang="en" dir="ltr">Your money is being used to target a specific minority group in India by accusing them of being Coronavirus spreaders. <br><br>The media you support demonises, criminalizes & dehumanizes Muslim minority in India. <a href="https://twitter.com/hashtag/StopFundingHate?src=hash&ref_src=twsrc%5Etfw">#StopFundingHate</a> <a href="https://twitter.com/JeffBezos?ref_src=twsrc%5Etfw">@JeffBezos</a> <a href="https://twitter.com/Pernod_Ricard?ref_src=twsrc%5Etfw">@Pernod_Ricard</a> <a href="https://twitter.com/duluxuk?ref_src=twsrc%5Etfw">@duluxuk</a> <a href="https://twitter.com/SamsungIndia?ref_src=twsrc%5Etfw">@SamsungIndia</a> <a href="https://t.co/Aq8cyRHwoY">pic.twitter.com/Aq8cyRHwoY</a></p>— Milli Gazette (@milligazette) <a href="https://twitter.com/milligazette/status/1320011886243549184?ref_src=twsrc%5Etfw">October 24, 2020</a></blockquote> <script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script>
 
Lol yeah funny thing is [MENTION=76058]cricketjoshila[/MENTION] is active throughout the forum but seems to be avoiding this. But I don’t blame him, the hypocrisy of Indian media and social media is plain too see and I don’t think he can spin this.

Puraani aadat
 
<blockquote class="twitter-tweet"><p lang="en" dir="ltr">The matter has been listed for further <a href="https://twitter.com/hashtag/hearing?src=hash&ref_src=twsrc%5Etfw">#hearing</a> on 15 December.<a href="https://t.co/XvzLJMCxlM">https://t.co/XvzLJMCxlM</a></p>— The Quint (@TheQuint) <a href="https://twitter.com/TheQuint/status/1336576639283576832?ref_src=twsrc%5Etfw">December 9, 2020</a></blockquote> <script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script>
 
<blockquote class="twitter-tweet"><p lang="en" dir="ltr">Tablighi Jamaat:Delhi Court acquits 36 foreigners, booked for being negligent, disobeying govt guidelines during COVID-19 pandemic</p>— Press Trust of India (@PTI_News) <a href="https://twitter.com/PTI_News/status/1338813546008698881?ref_src=twsrc%5Etfw">December 15, 2020</a></blockquote> <script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script>
 
New Delhi, India – An Indian court has acquitted 36 foreign nationals charged with violating COVID-19 protocol by attending a Muslim religious congregation in the capital New Delhi.

The court of Chief Metropolitan Magistrate Arun Kumar Garg on Tuesday said the prosecution had failed to prove that the foreign nationals charged in August had, in fact, been present at the New Delhi headquarters of Tablighi Jamaat, an Islamic missionary movement, between March 12 and April 1.

In March, the Tablighi Jamaat hit the headlines after Indian authorities blamed a congregation at its headquarters in New Delhi’s Nizamuddin area for causing a spike in COVID-19 infections. The movement’s headquarters were sealed off and thousands of attendees quarantined as Indian news channels and social media vilified the Jamaat members for weeks, calling them “corona bombs”.

Dozens of cases were filed against the non-Indian Tablighi Jamaat members by various Indian states and hundreds of them were blacklisted from travelling to India for 10 years.

The organisation’s head, Mullah Muhammad Saad, was charged with culpable homicide, which carries a maximum punishment of 10 years in prison, for violating a ban on large gatherings to check the spread of the coronavirus.

In August, 36 foreign nationals were charged under various sections of the Indian penal code, including disobeying an order duly promulgated by a public servant, a negligent act likely to spread infection of a dangerous disease, and disobeying regulations of the Epidemic Act of 1897.

The accused hailed from 14 countries, including the United States, Russia, the United Kingdom, Thailand and Indonesia, Indian media reports said.

Mujeeb-Ur-Rehman, one of the lawyers representing the foreign nationals, told Al Jazeera that the court pulled up the police for charging people who had not even attended the religious event.

Rehman said the judge observed during the trial that the whole chargesheet was “just a script” and told the prosecution they “must go to a good scriptwriter”.

“It’s a great win, not only for the foreigners but also for the public here… [if] you want justice, you can go to the court and the justice system is in such a way that if you are on side of the truth, you can win the case and we have proved that,” 39-year-old Irfan, one of the acquitted foreign nationals who only gave his first name, told Al Jazeera.

“I am happy the case has been dismissed,” he said.

Irfan said he had come to New Delhi from Brisbane, Australia, in March to visit friends, right before the nationwide coronavirus lockdown was imposed.

At the time, he was sent to a quarantine centre in the capital. When he was discharged from the facility, he found out that a case had been filed against him.

Irfan said the accusations against the foreigners and members of the Tablighi Jammat were not “just shocking but also nonsensical”.

Rehman said the allegations against the foreign nationals “were influenced by media trials”. “The media was just looking at it as an opportunity to malign the Muslims,” he said.

In August, a Mumbai court had also struck down criminal cases against 34 Tablighi Jamaat members, including 29 foreign nationals, over similar charges.

“A political government tries to find a scapegoat when there is pandemic or calamity, and the circumstances show that there is probability that these foreigners were chosen to make them scapegoats,” the court had said.

“The material of the present matter shows that the propaganda against the so-called religious activity was unwarranted,” it added.

https://www.aljazeera.com/news/2020...foreigners-who-attended-tablighi-jamaat-event
 
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