Foreign Tablighis were made ‘scapegoats’, says High Court, quashes FIRs; slams media propaganda

News Network
August 22, 2020

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In a strongly-worded judgment, the Bombay High Court on Friday quashed the FIRs filed against a total of 29 foreign nationals who were booked under various provisions of IPC, Epidemic Diseases Act, Maharashtra Police Act, Disaster Management Act and Foreigner's Act for allegedly violating their Tourist Visa conditions by attending the Tablighi Jamaat congregation at Nizamuddin in Delhi.

Apart from the foreign nationals, police also booked six Indian nationals and trustees of the Masjids for giving shelter to the petitioners.

A Division Bench of Justice TV Nalawade and Justice MG Sewlikar of the Aurangabad bench heard the three separate petitions filed by petitioners who belong to countries like Ivory Coast, Ghana, Tanzania, Djibouti, Benin and Indonesia. All the petitioners were booked after police claimed to have received secret information about them residing at the respective masjids in different areas and offering prayers in violation of lockdown orders.

According to the petitioners, they came to India on a valid visa issued by the Government of India and they have come to experience Indian culture, tradition, hospitality and Indian food. It is their contention that on their arrival at the airport, they were screened and tested for Covid-19 virus and only when they were found negative for the virus, they were allowed to leave the airport.

Moreover, they had informed the District Superintendent of Police about their arrival in Ahmednagar district. Due to the lockdown imposed since March 23, vehicular movement was stopped, hotels and lodges were closed and consequently the Masjid had given shelter to them. They were not involved in illegal activity including the breach of order of the District Collector, petitioners argued.

In fact, they contended that even at Markaz, they had observed norms of physical distancing. It is their contention that while being granted a visa, they were not asked to inform local authorities about their visit to those places, but they had informed local officers. Also, under the conditions of visa, there was no prohibition to visit religious places like Masjids, petitioners argued.

On the other hand, the District Superintendent of Police, Ahmednagar, filed a reply contending that the petitioners were found visiting places for preaching Islam religion and so, crimes are registered against them. He also contended that five foreign nationals from three different cases were found infected by the virus. It is contended that after the quarantine period was over all the petitioners were shown to be formally arrested.

The DSP submitted that the District Magistrate had issued prohibitory orders and directions were given to close all public places. However, in spite of prohibitory orders and conditions of visa, the petitioners indulged in Tabligh activity. Moreover, announcements were made at public places to ask the persons who had attended Markaz Masjid to come forward voluntarily for testing them in respect of the virus, but they did not come forward voluntarily and they had created a threat of spreading Covid-19 virus.

Petitioners were booked for offences punishable under sections 188, 269, 270, 290 of Indian Penal Code, sections 37 (1)(3) r/w. 135 of Maharashtra Police Act, 1951 and section 11 of Maharashtra Covid-19 Measures and Rules, 2020, sections 2, 3 and 4 of Epidemic Diseases Act, 1897, section 14 (b) of Foreigners Act, 1946 and section 51(b) of the Disaster Management Act, 2005.

After going through the visa conditions that petitioners are governed by, Justice Nalawade, who authored the judgment, noted-

"The aforesaid material produced on the record shows that even under recent updated Manual of Visa, there is no restriction on foreigners for visiting religious places and attending normal religious activities like attending religious discourses. Ordinarily, a tourist is not expected to follow the procedure laid down in para No. 19.8 if he does not want to preach the religious ideologies etc."

APP MM Nerlikar contended that a writ petition is pending before the Supreme Court and in that matter relief is claimed by some similar foreigners to declare that blacklisting of 950 foreigners by the Central Government via decision dated April 2 as unconstitutional and void as due process of law was not followed before making such declaration by the Central Government. Thus, it is not desirable to decide the present proceeding as the Supreme Court is yet to decide the issue. However, Court refused to accept the said contention.

Justice Nalawade observed-

"The material on the record shows that Tabligh Jamamat is not a separate sect of Muslim, but it is only movement for reformation of religion. Every religion has evolved over the years due to reformation as reformation is always necessary due to the changes in the society and the development achieved in the material world. In any case, even from the record, it cannot be inferred that the foreigners were spreading Islam religion by converting persons of other religion to Islam. The record shows that the foreigners were not talking Indian languages like Hindi or Urdu and they were talking languages like Arabian, French etc. In view of the aforesaid discussion, it can be said that the foreigners may have intention to know the ideas of Tabligh Jamamat about the reformation.

The allegations are very vague in nature and from these allegations inference is not possible at any stage that they were spreading Islam religion and there was intention of conversion. It is also not the case that there was an element of persuasion on any point from these foreigners."

Criticising the media's portrayal of foreign nationals who attended Tablighi Jamaat, Justice Nalawade specified-

"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. There was virtually persecution against these foreigners.

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 figures 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."

Finally, referring to the old Indian saying 'Atithi Devo Bhava' meaning 'Our Guest Is Our God', Justice Nalawade said-

"The circumstances of the present matter create a question as to whether we are really acting as per our great tradition and culture. During the situation created by covid-19 pandemic, we need to show more tolerance and we need to be more sensitive towards our guests particularly like the present petitioners. The allegations made show that instead of helping them we lodged them in jails by making allegations that they are responsible for violation of travel documents, they are responsible for spreading of virus etc."

Background Of Malice

Importantly, the Court referred to CAA and NRC protest all over the country and said-

"There were protests by taking processions, holding Dharna at many places in India from atleast from prior to January 2020. Most of the persons participating in the protest were Muslims. It is their contention that the Citizenship Amendment Act, 2019 is discriminatory against the Muslims. They believe that Indian citizenship will not be granted to Muslim refugees and migrants. They were protesting against National Registration of Citizenship (NRC).

It can be said that due to the present action taken fear was created in the minds of those Muslims. This action indirectly gave warning to Indian Muslims that action in any form and for any thing can be taken against Muslims. It was indicated that even for keeping contact with Muslims of other countries, action will be taken against them. Thus, there is smell of malice to the action taken against these foreigners and Muslim for their alleged activities. The circumstances like malice is important consideration when relief is claimed of quashing of F.I.R. and the case itself."

Thus, the Court concluded that the state government acted under political compulsion and action against the foreign nationals can be inferred as malice. Thus, all petitions were allowed and FIRs were quashed.

Justice Sewlikar concurred with the operative part of the judgment but noted that the State's request to grant a stay cannot be allowed.

Notably, the same bench had in February 2020 quashed Sec 144 orders after observing that ant-CAA protesters cannot be called "anti-nationals or traitors".

In June, the Madras HC had quashed the FIRs against Tablighi Jamaat foreigners after observing that they have "suffered enough" and urged the Centre to consider their request to return to their native places.

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News Network
December 15,2025

Udupi, Dec 15: What was meant to be a post-pilgrimage gathering turned tragic in Padukere village of Brahmavar taluk, Udupi district, late Sunday night, when a clash among youths escalated into a fatal assault, leaving one man dead.

The victim has been identified as 30-year-old Santosh Mogaveera, a resident of Padukere.

According to preliminary information, the incident took place during a late-night drinking party involving a group of local youths who had recently returned after completing their pilgrimage to the Sabarimala shrine. An argument reportedly broke out among the group and soon escalated into a violent confrontation.

During the ensuing brawl, Santosh Mogaveera was allegedly assaulted and collapsed at the spot after sustaining serious injuries. He was rushed by local residents to a private hospital in Brahmavar, where doctors declared him dead.

On receiving information, senior police officials, including Brahmavar Circle Inspector Gopikrishna, Kota Police Sub-Inspector Praveen Kumar T, Station ASI Manthesh Jabagoudar, and head constables Pradeep and Ashok, visited the spot and conducted an inspection.

Police have taken four youths into custody in connection with the incident. A case has been registered at the Kota police station, and further investigation is underway to ascertain the exact sequence of events leading to the death.

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News Network
December 7,2025

Mangaluru, Dec 7: A 34-year-old fruit and vegetable trader in Mangaluru has reportedly lost ₹33.1 lakh after falling victim to an online investment scam run through a fake mobile app.

Police said the scam began in September, when the victim received a link on Facebook. Clicking it connected him to a WhatsApp number, where an unidentified person introduced a high-return investment scheme and instructed him to download an app.

To build trust, the fraudster asked him to invest ₹30,000 on September 24. The trader soon received ₹34,000 as “profit,” convincing him the scheme was genuine. Over the next two months, he transferred money in multiple instalments via Google Pay and IMPS to different scanner codes and bank accounts shared by the scammers. Between September 24 and December 3, he ended up sending a total of ₹33.1 lakh.

When he later requested a refund of his investment and promised returns, the scammers demanded additional payments, claiming he needed to pay a “service tax” first. Even after he paid a small amount, no money was returned, and the scammers continued pressuring him for more.

A case has been registered at the CEN Crime Police Station.

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News Network
December 13,2025

New Delhi: School-going children are picking up drug and smoking habits and engaging in consumption of alcohol, with the average age of introduction to such harmful substances found to be around 13 years, suggesting a need for earlier interventions as early as primary school, a multi-city survey by AIIMS-Delhi said.

The findings also showed substance use increased in higher grades, with grade XI/XII students two times more likely to report use of substances when compared with grade VIII students. This emphasised the importance of continued prevention and intervention through middle and high school.

The study led by Dr Anju Dhawan of AIIMS's National Drug Dependence Treatment Centre, published in the National Medical Journal of India this month, looks at adolescent substance use across diverse regions.

The survey included 5,920 students from classes 8, 9, 11 and 12 in urban government, private and rural schools across 10 cities -- Bengaluru, Chandigarh, Delhi, Dibrugarh, Hyderabad, Imphal, Jammu, Lucknow, Mumbai, and Ranchi. The data were collected between May 2018 and June 2019.

The average age of initiation for any substance was 12.9 (2.8) years. It was lowest for inhalants (11.3 years) followed by heroin (12.3 years) and opioid pharmaceuticals (without prescription; 12.5 years).

Overall, 15.1 per cent of participants reported lifetime use, 10.3 per cent reported past year use, and 7.2 per cent reported use in the past month of any substance, the study found.

The most common substances used in the past year, after tobacco (4 per cent) and alcohol (3.8 per cent), were opioids (2.8 per cent), followed by cannabis (2 per cent) and inhalants (1.9 per cent). Use of non-prescribed pharmaceutical opioids was most common among opioid users (90.2 per cent).

On being asked, 'Do you think this substance is easily available for a person of your age' separately for each substance category, nearly half the students (46.3 per cent) endorsed that tobacco products and more than one-third of the students (36.5 per cent) agreed that a person of their age can easily procure alcohol products.

Similarly, for Bhang (21.9 per cent), ganja/charas (16.1 per cent), inhalants (15.2 per cent), sedatives (13.7 per cent), opium and heroin (10 per cent each), the students endorsed that these can be easily procured.

About 95 per cent of the children, irrespective of their grade, agreed with the statement that 'drug use is harmful'.

The rates of substance use (any) among boys were significantly higher than those of girls for substance use (ever), use in the past year and use in the past 30 days. Compared to grade VIII students, grade IX students were more likely, and grade XI/XII students were twice as likely to have used any substance (ever).

The likelihood of past-year use of any substance was also higher for grade IX students and for grade XI/XII students as compared to grade VIII students.

About 40 per cent of students mentioned that they had a family member who used tobacco or alcohol each. The use of cannabis (any product) and opioid (any product) by a family member was reported by 8.2 per cent and 3.9 per cent of students, respectively, while the use of other substances, such as inhalants/sedatives by family was 2-3 per cent, the study found.

A relatively smaller percentage of students reported use of tobacco or alcohol among peers as compared to among family members, while a higher percentage reported inhalants, sedatives, cannabis or opioid use among peers.

Children using substances (past year) compared to non-users reported significantly higher any substance use by their family members and peers.

There were 25.7 per cent students who replied 'yes' to the question 'conflicts/fights often occur in your family'. Most students also replied affirmatively to 'family members are aware of how their time is being spent' and 'damily members are aware of with whom they spend their time'.

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