Big Propaganda In Print And Electronic Media Amounts To Persecution Of Tablighi Jamaat: Bombay High Court

0
1873
A Delhi court acquits 36 Tablighi foreigners

The strongly-worded judgement running into 58 pages observed that “there was a smell of malice in the action taken against the followers of the Islamic organisation”.

By Our Special Correspondent

PUNE, AUGUST 24—The Aurangabad bench of Bombay  High Court has not only quashed the FIR registered against foreign and Indian members of the Pan-International Tablighi Jamaat (Islamic Missionary Group) but also came down heavily on the print and electronic media describing their coverage of the Tablighi Jamaat during lockdown as “virtual persecution of foreigners”.

The strongly-worded judgement running into 58 pages observed that “there was a smell of malice in the action taken against the followers of the Islamic organisation”.

The court on August 21 quashed the FIRs against 35 petitioners including foreigners. The petitioners had been booked by the police and chargesheet was filed against them for offences punishable under sections 188, 269, 270, 290 of Indian Penal Code, Maharashtra Police Act, 1951 and Maharashtra Covid-19 Measures and Rules, 2020, Epidemic Diseases Act, 1897, Foreigners Act, Disaster Management Act, 2005.

The division bench of Justice T.V. Nalawade and Justice M.G. Sewlikar, in their order, concluded that the material on record and discussion of law shows that Maharashtra police acted mechanically. “It appears that the State Government acted under political compulsion and police also did not dare to exercise powers given to them under provisions of procedural law like CrPC and substantive laws. The Government cannot give different treatment to citizens of different religions of different countries,” the order stated.

Big propaganda in print and Electronic Media

The court came down heavily on the media and in its detailed order observed, “There was big propaganda in print 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. The material of the present matter shows that the propaganda against the so-called religious activity was unwarranted”.

Tabligh activity going on for 50 years

The court observed that the record and the submissions show that the activity was going on for more than 50 years. This can be found in the information about Tabligh activity supplied by the Central Government on March 31. This information also shows that such activity is there throughout the year. Thus, this activity was not started only after arrival of the foreigners like the petitioners.

Not practically possible to prevent discourse on religious matters

In these days, there are more alternate media for such discourse. Islamic television networks are thematic channels, that have developed across the world in response to various Muslim audiences, preferences. Islamic television network is a form of alternative media that appeals to some Muslims on socio-religious values. In United Kingdom (UK) also, there are many Islamic television networks and radio channels. Tata Sky channel No. 183 gives publicity about its contents. On this channel, there are quotation of Ayat and interpretation of Ayat and the channel is devoted to Islamic religion. There is Tata Sky channel bearing No. 786 called as Ibadat channel. Other channels like Al-Jazeera also can be viewed in India. There is another channel like iTV. On these channels many foreigners come for debate or for expressing their thoughts. There is another channel like Q-TV where we can listen to the interpretation of Quran. Zee media also has channel like Zee Salam and there is another channel like Aalami Samay. There are channels for Hindu religion, Christian religion, Sikh religion etc. In this era, it is not practically possible to prevent discourse on religious matters. Many times, such discussion can also be called as preaching the religion and there may or may not be intention to spread Islam. The definition of Muslim person is also important in this regard. In view of all these circumstances, one needs to be very practical. For doing such things, now it is not necessary to visit places like mosques from India and particularly for the foreigners like petitioners who do not know Indian languages.

Guest is God

“Instead of helping guests, we lodged them in jails”, said the judgement.

Regarding the police treatment meted out to foreign Tabligh followers,  the court observed “In our culture, there is saying like “ Atithi Devo Bhavo” which means that our guest is our God. The circumstances of the present matter create a question as to whether we are really acting as per our 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 rules, they are responsible for spreading of virus etc.

Principles and Parts of American Constitution must be kept in mind by the courts and the executive before taking action

The court said that the situation created by the action of the government reminds us the famous speech delivered by Swami Vivekanand in Parliament of World Religions in Chicago in 1893. For arranging such Parliament in America, Swami Vivekanand praised and congratulated America. He felt that it was achievement of America. He had started his speech with the words like ‘sisters and brothers’ showing that he believed in universal brotherhood. He believed that all religions are true. While interpreting the provisions of Constitution, we always keep in mind the history and constitutionalism. In our Constitution, we have used word ‘fraternity’ and it can be said that this concept has background of our past connections with the entire world and the philosophy of great persons like Swami Vivekanand. We look towards America as ideal democracy due to things like aforesaid approach of America, allowing Parliament of Religions in that country. We have borrowed many principles and parts of American Constitution which include preamble, fundamental rights, independence of judiciary etc. These things need to be kept in mind not only by the courts but also the executive before taking such action.

Background of malice

The court said that the question arises as to what must have tempted the authority to issue such directions against the Tablighi foreigners. “The record of this matter and the submissions made show that action of the Central government was taken mainly against Muslim persons who had come to Markaz Delhi for Tabligh programme. Similar action was not taken against other foreigners belonging other religions. Due to these circumstances, the background of the action and what is achieved needs to be considered by the Court. There were protests by taking processions, holding ‘dharana’s at many places in India from at least from prior to January 2020. Most of the persons participated in protest were Muslims. It is their contention that 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 Register of Citizens (NRC). There were protests on large scale not only in Delhi, but in the most of the states across the country. It can be said that due to the present action, fear was created in the minds of those Muslims. This action indirectly gave warning to Indian Muslims that action in any form and for anything 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 for quashing of FIR and the case itself”, the court observed.

Petitioners’ Contention

The petitioners contended that they are mainly foreign nationals. “They came to India on valid visa issued by the Government of India and they have come to experience Indian culture, tradition, hospitality and Indian food.  They stated that on their arrival at airport, they were screened and tested for Covid-19 virus and only when they were found negative for virus, they were allowed to leave the airport.

“It is their contention that they were visiting various places of India and particularly, Ahmednagar, to observe the religious practices of Muslims.  After their arrival in Ahmednagar district, they had informed to District Superintendent of Police about their arrival and that was done much prior to the date of registration of the crime against them. Though they have contended that the lockdown was declared by Maharashtra Government on March 14, actually the lock down was declared on March 23. They have contended that due to the lockdown the vehicular moment was stopped and the persons were not allowed to leave the residential places to prevent the spreading of Covid-19.

“The local Masjid had given shelter to them as due to lockdown order, hotels and lodges were closed. At that time, some order was issued by district collector but that was not actually prohibitory order and they were not involved in illegal activity including the breach of order of District Collector. It is their contention that even at Markaz, they had observed norms of physical distancing.

“It is their contention that while granting visa, they were not asked to inform to local authority about their visit to those places, but they had informed local officers. Under the conditions of visa, there was no prohibition to visit religious places like Masjids and there was prohibition to visit containment areas. It is their contention that they were not involved in breach of orders or in propagating Muslim religion”.

LEAVE A REPLY

Please enter your comment!
Please enter your name here