Bombay High Court has quashed the FIRs lodged against Tablighi Jamaat

Bombay High Court has quashed the FIRs lodged against Tablighi Jamaat

The Aurangabad Bench of the Bombay High Court has quashed the FIRs  lodged against 29 foreign nationals and six Indians in connection with a Tablighi Jamaat gathering in Nizamuddin Markaz, Delhi amidst the coronavirus restrictions in end March . The court said that in this case the Tablighi Jamaat was made a scapegoat.

On Saturday, A division bench of Justices T.V. Nalawade and M.G. Sewlikar noted a big propaganda was carried out in print and electronic media against foreigners who came to Delhi.  An attempt was made to create an environment in which only those foreigners responsible for the Covid-19 infection spread in India were tried.  Tablighi Jamaat was made a scapegoat. The court also reprimanded the media and said that the propaganda was run to make these people responsible for the infection.

Moreover, the court said , this action indirectly gave warning to Indian Muslims that action in any form and for anything can be taken against Muslims. It was pointed out that even for keeping contact with Muslims of other countries, action will be taken against them. The action of the central government was taken against Muslim persons who had come to Markaz Delhi for Tablighi Jamaat. Similar action was not taken against other foreigners belonging to other religions.  Justice TV Nalawade stated:

 “… A political government tries to find the 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 aforesaid circumstances and the latest statistics of infection in India show that such  action against present petitioners should not have been taken. It is now high time for the concerned to repent about this action taken against the foreigners and to take some positive steps to repair the damage done by such action … “

At the end of the judgment, Justice Sewlikar said, he agrees to quash the FIR but has a different view on few comments made by Justice Nalawade.  He, however, did not mention which comments he disagreed with.

By Priya Kumari