Karnataka HC quashes criminal cases against 9 foreign Tablighis

coastaldigest.com news network
August 9, 2020

Bengaluru, Aug 9: The High Court of Karnataka has quashed the criminal cases against nine foreign nationals belonging to the Tablighi  Jamaat on the condition that they immediately leave the country, following an undertaking that they won’t visit India again in the next 10 years and pay the fine amount levied by the competent authority.

The court, however, did not quash the case against seven Indian nationals on grounds of their case being on a different footing.

A single bench of Justice Krishna S. Dixit issued the direction while hearing pleas filed by the 9 foreign nationals questioning the legality of the criminal cases against them for violating the Foreigners Act, 1946.

The 9 foreign nationals included Farhan Hussain and three others from South Africa, Rejo from Indonesia, and Saleh Imran Ahamed from the United States and Ibrahim Jassy and two others from Gambia. They were arrested after engaging in religious propagation in Tumakuru after attending the Tablighi Jamaat at Nizamuddin in Delhi, which later became hotspot for the spread of COVID-19. They were thereafter blacklisted by the Ministry of Home Affairs.

It was claimed that these foreign nationals had come to India with an e-Tourist visa but carried out preaching of religious principles, for which a Missionary visa is required. However, according to advocate Mohammed Tahir, who defended the petitioners, there is no specific prohibition in the visas in question for preaching religious principles in the Tablighi congregation.

The court didn’t agree with the petitioner advocate and noted that by the very nature of these visas, what is not provided for in the visa, is deemed to be impermissible. The general principle is that what all is not prohibited is permissible for a natural person and what all is not provided for is impermissible for a juristic person, ordinarily cannot be invoked by foreign nationals.

Regarding the petitioner’s contention that criminal proceedings were initiated by the police, with the prejudice generated by the

Media propaganda, and for the statistical purpose of the State, the Court stated that it hasn’t found any material for entertaining such a baseless grievance after careful examination of the entire file.

The Court observed that a legitimate impression is that the police having stood tall, exercised a lot of restraint despite running a huge risk of COVID-19 infection and tolerating the attack/assault by the miscreants.

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News Network
April 11,2024

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Udupi: A middle aged couple lost their lives while their teenage son survived with critical wounds after a speeding car, which was travelling from Maharashtra to Kerala, fell off a flyover in Kundapur taluk of Udupi district. 

The deceased have been identified as Munnavar (49), who was driving the car, and his wife Sameera (41), a native of Kannur in Kerala. Their son Suhail (18), who was in the car, suffered severe injured and is recovering at Manipal Hospital. He is said to be out of danger.

The family was traveling from Kollapur to Kannur as Sameera was a native of Kannur. Their plan was to celebrate Eid-ul-Fitr in Sameera’s parental home.  

However, on Tuesday (April 9) morning, when the car reached near Bobbaryanakatte, it reportedly went out of control of the driver and fell off the flyover on to the service road.

All three were immediately rushed to the hospital in Kundapur. Sameera died immediately upon admission to the hospital, while Munnavar succumbed to injuries at Manipal Hospital on April 10. The mortal remains of both were handed over to relatives after the post-mortem.

Kundapur DySp Belliyappa, Circle Inspector Nada Kunar, Traffic SIs Naveen Naik, and Savitri Nayak visited the accident spot for the inspection.

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News Network
April 13,2024

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Mysuru, Apr 13: Karnataka Chief Minister Siddaramaiah said that Prime Minister Narendra Modi, who will be visiting Mysuru on Sunday, is welcome in the state.

"Let him come and go. He is the PM. But he should tell people about what he has done to the people of Karnataka. Let him answer about the injustice done by the Union Government towards the state in terms of giving tax share, not releasing drought relief funds yet and also about the unemployment issue," he said.

The Chief Minister was speaking to media people near his residence at Sharadadevi Nagar in Mysuru on Saturday.

Reacting to a question on BJP's slogan, 'Teesri Baar Modi Sarkar, Ab Ki Baar Char Sau Paar' (Modi government for the third time with over 400 seats), CM Siddaramaiah said, "This slogan is only a strategy to divert the minds of people. Because, according to me, the NDA will not get an absolute majority/simple majority this time in the Parliament elections."

"I.N.D.I.A. bloc and the parties which are against BJP will get a majority in the Lok Sabha polls," he said.

Responding to the statement of BJP leaders that 'even if B R Ambedkar comes, the Indian Constitution cannot be changed', Siddaramaiah said, "BJP is always against the Indian Constitution. Savarkar and the second Chief of RSS M S Golwalkar both opposed the Indian Constitution written by Baba Saheb B R Ambedkar on January 26, 1950."

"When BJP MP Ananth Kumar Hegde spoke about changing the Indian Constitution twice, why wasn't he punished? Why wasn't he suspended from the party? Why didn't they drop him from the cabinet?"

"Hegde was not given a ticket for the LS polls, as he had not done any work in the five years and was only active for the last three-four months of his term. The reason Hegde was not given a ticket was because BJP had realised that he would lose the elections, and not because of his statement related to the Constitution" the Chief Minister said.

Meanwhile, regarding the nabbing of the two key suspects in the Rameshwaram Cafe blast case in Bengaluru, Siddaramaiah said, "I thank the National Investigation Agency (NIA) and also the Karnataka police for tracing and arresting the accused in the case, in Kolkata."

"They will be brought to Bengaluru and further information related to the case will be known after their interrogation," he said.

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News Network
April 22,2024

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New Delhi: Even though Prime Minister Narendra Modi's nasty election speech in Rajasthan's Banswara has triggered a nationwide controversy, the Election Commission has so far not taken any action. Meanwhile the Opposition bloc INDIA called the speech an attempt to divert attention from "real issues".

Addressing the people Banswara, on April 21, (Sunday) Modi openly attacked India’s Muslims, suggesting they were “infiltrators” and went on to claim that the opposition if elected would give away “mangalsutras” and “land” of those listening to his speech to them (Muslims). 

He referred to his immediate predecessor, Dr Manmohan Singh who was in office for 10 years as prime minister till 2014, and said, “Earlier, when his government was in power, he had said that Muslims have the first right on the country’s property, which means who will they collect this property and distribute it to – those who have more children, will distribute it to the infiltrators. Will the money of your hard work be given to the infiltrators? Do you approve of this?” 

Modi went on to say, “This Congress manifesto is saying that they will calculate the gold of the mothers and sisters, get information about it and then distribute it. Manmohan Singh’s government had said that Muslims have the first right on property. Brothers and sisters, these urban Naxal thoughts will not let even your mangalsutra escape, they will go this far.”

Narendra Modi and the BJP so far in their campaign trail have invoked religious faith, the Ram temple and Lord Ram multiple times, directly using it to call for people to vote for them. The Election Commission has been completely silent on the messaging via videos, tweets and other exhortations. 

Did Manmohan Singh really say that?

Modi’s claim that Dr Singh said that is not new and was refuted in 2006 itself by Singh’s PMO, when Modi had first made the false claim. The PMO had termed such remarks, “a deliberate and mischievous misinterpretation of what the Prime Minister said here yesterday at the meeting of the National Development Council, on fiscal priorities of the government.” It was termed “an avoidable controversy has been generated. The Prime Minister’s observations have also been quoted out of context in some sections of the electronic media, fuelling a baseless controversy.”

The full text of the paragraph in which the Prime Minister referred to the issue of minority empowerment to clarify the matter is as follows:

“I believe our collective priorities are clear: agriculture, irrigation and water resources, health, education, critical investment in rural infrastructure, and the essential public investment needs of general infrastructure, along with programmes for the upliftment of SC/STs, other backward classes, minorities and women and children. The component plans for Scheduled Castes and Scheduled Tribes will need to be revitalized. We will have to devise innovative plans to ensure that minorities, particularly the Muslim minority, are empowered to share equitably in the fruits of development. They must have the first claim on resources. The Centre has a myriad other responsibilities whose demands will have to be fitted within the over-all resource availability.”

The PMO’s clarification said. “it will be seen from the above that the Prime Minister’s reference to “first claim on resources” refers to all the “priority” areas listed above, including programmes for the upliftment of SCs, STs, OBCs, women and children and minorities.

Opposition reacts

Chairman, Media and Publicity department of the Congress, Pawan Khera said in a video message in a post, “We challenge the Prime Minister to show us if the word Hindu or Muslim is written anywhere in our manifesto. This kind of lightness is there in your mentality, in your political values. We have talked about justice for the youth, women, farmers, tribals, middle class and workers. Do you object to this as well?”

Khera was referring to earlier mistruths uttered by Modi about the “Muslim League” having influenced the Congress manifesto.

In Jharkhand’s Ranchi at an opposition rally, Congress president Mallikarjun Kharge is reported to have said by BBC Hindi, “If democracy and the Constitution end in the country, then the people will have nothing left. Babasaheb Ambedkar ji and Jawaharlal Nehru ji gave equal voting rights to everyone, due to which all classes got respect. But Narendra Modi wants to snatch their rights from the poor.”

B.V. Srinivas termed it as unfortunate that “this person is the Prime Minister of this country, and an even bigger tragedy is that the Election Commission of India is no longer alive.” He said that “due to the frustration of impending defeat, the Prime Minister of India is openly sowing the seeds of hatred, he is polarising by misquoting Manmohan Singh’s 18-year-old incomplete statement, But the Election Commission (Modi ka parivar) is bowing down.”

Modi’s past hate-speech

Modi, in his 12-year tenure as chief minister of Gujarat was known to have made speeches targeting the state’s minority Muslim community brazenly, terming camps where Muslims were forced to stay in after communal violence gripped the state in 2002. Frontline covered him on his Gujarat Gaurav Yatra started shortly after the violence, at a rally at Becharaji in Mehsana district in northern Gujarat, when he said, “What should we do? Run relief camps for them? Do we want to open baby-producing centres? But for certain people that means hum paanch, hamare pachees.” 

In 2017 it was time again for direct speech targeting Muslims when in February he spoke of ‘shamshaan versus kabristan’ campaigning for UP and then for Gujarat elections when the BJP had its worst performance this millennium, in a speech at Palanpur on December 10, 2017 Modi invoked a “secret meeting” to get Pakistan to fix Gujarat’s assembly polls. He said that a meeting was held at Congress leader Mani Shankar Aiyar’s residence, attended by former PM Manmohan Singh, former Vice-President Hamid Ansari, former Army Chief Deepak Kapoor and distinguished diplomats to execute the plot. Modi’s PMO faced embarrassment when in response to an RTI filed by the Congress, his office was forced to say that Modi’s campaign speech could have been based on an “informal input”.

In the only question he has answered as part of a press conference with Joe Biden on June 22, 2023, Modi was asked, “India has long prided itself as the world’s largest democracy, but there are many human rights groups who say that your government has discriminated against religious minorities and sought to silence its critics.  As you stand here in the East Room of the White House, where so many world leaders have made commitments to protecting democracy, what steps are you and your government willing to take to improve the rights of Muslims and other minorities in your country and to uphold free speech?”

In response Modi appeared visibly frazzled and denied all charges. “I’m actually really surprised that people say so.  And so, people don’t say it.  Indeed, India is a democracy.” 

The journalist was trolled online by BJP leaders and supporters to such an extent that the White House had to come out and defend her and strongly denounce the trolling and abuse.

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