Syed Khalique Ahmed | India Tomorrow
NEW DELHI, JULY 12—As many as 133 foreign Tablighis belonging to different nationalities, who were facing trial for violating visa norms and notifications with regard to Covid-19 lockdown, have been allowed to fly back to their respective countries.
The orders to this effect have been given by two different courts in Delhi on Thursday and Friday after each of the accused agreed to pay fine ranging from Rs. 7,000 to Rs. 10,000 fine under plea-bargaining.
Among those allowed to ‘walk free’ are from Malaysia and Saudi Arabia. While Metropolitan Magistrate Siddharth Malik allowed 122 Malaysians to ‘walk free’ and return to their country, another metropolitan magistrate Aashish Gupta allowed 11 Saudi Arabian nationals to ‘walk free’.
Both the courts adopted the same process. They imposed a fine of Rs. 7,000- Rs. 10,000 on each of the accused under a plea-bargaining process by accepting mild charges. The courts had initially proposed a fine of Rs. 15,000 under the plea bargain but later on reduced it to Rs. 7,000 and Rs. 10,000 fine each.
Under the Code of Criminal Procedure in India, “plea bargaining is a pre-trial negotiation between the accused and the prosecution where the accused agrees to plead guilty in exchange for certain concessions by the prosecution. It is a bargain where a defendant pleads guilty to a lesser charge and the prosecutors in return drop more serious charges”.
While the court of MM Siddharth Malik imposed a fine of Rs. 7,000 each, MM Aashish Gupta imposed a fine of Rs. 10,000 on each of 11 Saudis to allow them ‘walk free’.
Meanwhile, as many as 82 Bangladeshi nationals, who had attended the Tablighi congregation in March in violation of lockdown notification in the wake of Covid-19 were granted bail on July 10 by furnishing a personal bail bond of Rs. 10,000 each. According to Jamia-t-ul Ulema-i-Hind fighting cases of foreign Tablighis, a total of 371 foreign Tablighis have granted bail so far in cases in connection with Tablighi congregation.
Over 900 foreign Tablighi are accused in the Nizamuddin Tablighi congregation case.
The Home Ministry has cancelled their visa. However, they were not deported because they had to face trial for indulging in missionary activities which is not allowed on tourist visa. All the foreign Tablighis arrested had come on tourist visa only.
Jamiatul Ulema-i-Hind counsel Fuzail Ayyubi, when contacted, said that the orders of the Delhi metropolitan courts under plea-bargaining would open the door for the rest of foreign Tablighis in other parts of the country to be set free and return to their countries.
