‘In Democracy, Peaceful Protest a Fundamental Right’: Mumbai Court Acquits 5 in 2015 Case

The accused women had been agitating on a Mumbai freeway, following days of no water supply in their neighbourhood.

New Delhi: Calling peaceful agitation a “fundamental right” in a democracy, a magistrate’s court in Mumbai has acquitted five women accused of unlawful assembly in 2015, Bar and Bench has reported.

The women were agitating on the Eastern Freeway of the city for regular water in their neighbourhood, which had seen no water supply in the days preceding their protest. They were detained for holding up traffic. Two of them were senior citizens.

The magistrate R.S. Pajankar said there was no reason for police to take action against them.

“In democratic country peaceful agitation is a fundamental right. The women were agitating as there was no water supply in their area for some days. They were sent home by the police after an understanding. Therefore, there was no reason for the police to register FIR against them and subsequently arrest them,” the magistrate said, according to Bar and Bench.

The magistrate also said that the evidence provided by the investigating officer was refuted by two independent witnesses, there was a delay in filing the FIR, no cause for this was mentioned and that police had made no relevant diary entry before setting out for the cite of the agitation.

The court also asked why just one woman was arrested.

“It is strange that at the time of incident there were 35 to 40 women present on the spot of incident, however the police arrested only one accused on that day and did not arrest other women,” the magistrate said.

Also read: Physically Confining Protests to Out-of-the-Way Locations Inflames the Aggrieved Group

The court ultimately concluded that the women were peacefully and legitimately protesting and therefore there was no merit in the FIR against them.

Citizens’ right to protest, upheld by the Kurla court, has recently been the subject of legal debate following controversial points made by the Supreme Court on it concerning two significant public protests – the one against the Citizenship Amendment Act at Shaheen Bagh and the other against the now repealed farm acts at Delhi’s borders.

At a hearing against the former in 2021 – much after the protests had winded up due to COVID-19 – the apex court had held that protests must take place in “designated areas”.

“Democracy and dissent go hand in hand, but then the demonstrations expressing dissent have to be in designated places alone. The present case was not even one of protests taking place in an undesignated area, but was a blockage of a public way which caused grave inconvenience to commuters. We cannot accept the plea of the applicants that an indeterminable number of people can assemble whenever they choose to protest,” a bench of Justices Sanjay Kishan Kaul, Aniruddha Bose and Krishna Murari said.

In the same year, the Supreme Court came down harshly on farmers who were protesting at the borders of Delhi, saying, “You have strangulated the entire city and now you want to come within the city and start protest again here”.

Mumbai Court Cancels Non-Bailable Warrant Against Param Bir Singh in Extortion Case

Declared absconding by a court here in an extortion case, Singh surfaced in public last Thursday after six months and appeared before the Mumbai crime branch to record his statement.

Mumbai: A magistrate court here on Tuesday cancelled a non-bailable warrant (NBW) issued against former Mumbai police commissioner Param Bir Singh in connection with an extortion case registered at the Marine Drive police station.

The case was registered following a complaint filed by real estate developer Shyamsunder Agrawal on July 22 this year.

The court had earlier this month issued the NBW against Singh in connection with the case.

The Maharashtra Criminal Investigation Department (CID), which is conducting a probe into the case, had earlier sought a non-bailable warrant against the senior Indian Police Service officer.

On Tuesday, additional chief metropolitan magistrate R.M. Nerlikar cancelled the NBW against Singh.

The first information report (FIR) names Param Bir Singh and seven others, including five police officers.

Agrawal had alleged that based on a “false” case, Param Bir Singh and other police officers extorted money from him at the behest of his former business partner Sanjay Punamia.

Declared absconding by a court here in an extortion case, Singh surfaced in public last Thursday after six months and appeared before the Mumbai crime branch to record his statement.

The Supreme Court has granted him temporary protection from arrest.

On Friday, Singh appeared before Thane police in connection with an extortion case filed against him and some other police officials on the complaint of a local builder.

The IPS officer is facing at least five extortion cases in Maharashtra.

(PTI)

Former Mumbai Police Commissioner Param Bir Singh Declared ‘Proclaimed Offender’ by Court

The crime branch of the Mumbai police, which is probing a fraud case against the IPS officer, had sought the proclamation, saying he could not be traced even after the issuance of a non-bailable warrant.

Mumbai: A magistrate’s court here on Wednesday declared former Mumbai police commissioner Param Bir Singh a “proclaimed offender” in an extortion case registered against him and other police officers in the city.

The crime branch of the Mumbai police, which is probing the case, had sought the proclamation, saying that the IPS officer could not be traced even after the issuance of a non-bailable warrant against him.

Under section 82 of the Code of Criminal Procedure, a court can publish a proclamation requiring an accused to appear if a warrant issued against him or her cannot be executed.

As per section 83, after issuing such a proclamation the court can also order attachment of the proclaimed offender’s properties.

Former assistant police inspector Sachin Waze is also an accused in the case, registered at Goregaon police station in the city.

Besides Param Bir Singh, co-accused Vinay Singh and Riyaz Bhatti were also declared as proclaimed offender by additional chief metropolitan magistrate S.B. Bhajipale.

Bimal Agrawal, a real estate developer and hotelier, had alleged that the accused extorted Rs 9 lakh from him for not conducting raids on two bars and restaurants which he ran in partnership and also forced him to buy two smartphones worth around Rs 2.92 lakh for them.

The incidents occurred between January 2020 and March 2021, he had claimed. Following his complaint, a case was filed under Indian Penal Code sections 384 and 385 (both pertaining to extortion) and 34 (common intention) against six accused.

Singh is facing an extortion case in Thane too.

He was shunted out from the post of Mumbai police commissioner in March 2021 after Waze was arrested in the case of the SUV with explosives found near industrialist Mukesh Ambani’s south Mumbai residence and the death of Thane businessman Mansukh Hiran.

Singh, subsequently, accused then Maharashtra home minister Anil Deshmukh of corruption, a charge the latter denied.

The Case Against Anil Deshmukh: Here’s What We Know So Far

In the remand application, the ED has made several claims against Deshmukh, including that he floated dummy companies, extorted money from hotels and used his family and friends as fronts to divert money.

Mumbai: After seven months of dodging the Enforcement Directorate and missing five summons for interrogation, former Maharashtra state home minister Anil Deshmukh was arrested by the agency on November 2. Deshmukh, who had to step down from his post following the Rs 100-crore extortion and money laundering allegations, has been sent to ED custody till November 6.

On November 1, Deshmukh had finally turned up before the ED for questioning. After grilling him for over 12 hours, the ED arrested Deshmukh a little after midnight.

In the remand application, the central agency has made several claims against Deshmukh, including that he floated dummy companies, extorted money from hotel establishments in Mumbai and used his family and friends as fronts to divert money.

The ED had conducted raids in several parts of Maharashtra, Delhi and West Bengal and claims to have recorded several witnesses’s statements which directly point at Deshmukh’s involvement in the money laundering case. He is the “prime beneficiary of the proceeds of crime,” the ED has alleged.

The central agency yesterday, November 2, told the court that they are also looking for “international links” in the case. Deshmukh has been booked under several sections of the Prevention of Money Laundering Act (PMLA) and is the 15th person to be arrested in the case. A charge sheet has already been filed against the rest, including Deshmukh’s two personal assistants.

Deshmukh and the Maha Vikas Aghadi leaders have, since the start, maintained that this case is “politically motivated”. But the ED has called him an “important cog in the wheel” and “a prime beneficiary of the proceeds of crime”. 

The ED’s involvement came in following a preliminary enquiry (PE) initiated by the Central Bureau of Investigation (CBI) in April this year. The then Mumbai commissioner Parambir Singh has sent out a letter to Chief Minister Uddhav Thackeray claiming that Deshmukh had been using his subordinate officer Sachin Waze to extort money from different hotel owners across the city.

Also read: Sachin Waze Planned Antilia Bomb Scare to Reestablish Himself as a ‘Supercop’: NIA Chargesheet

Waze is already in the National Investigating Agency’s custody in relation to the bomb scare incident outside billionaire businessman Mukesh Ambani’s residence in south Mumbai. Singh has since been absconding and several political leaders in the government, including home minister Dilip Walse Patil, have hinted that he has fled to a European country.

Singh too has been facing several charges, including one registered under the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act.

File image: Former Maharashtra Cabinet Minister Anil Deshmukhs personal assistant Kundan Shinde (in pink) being taken to a court by Enforcement Directorate officials in connection with a money laundering case, in Mumbai, Saturday, June 26, 2021. Photo: PTI

The ED had listed 13 companies directly controlled by Deshmukh and his family members and 14 other companies that are owned by Deshmukhs’s close associates, but which it claims are virtually controlled by Deshumkh. These companies, the ED has claimed, were utilised for the purpose of Deshmukh’s “infusion of ill-gotten money”. The ED has accused Deshmukh of controlling money flow from companies indirectly controlled by Deshmukh to companies directly controlled by him and vice versa.

“The balance sheets and bank statements indicate most of these entries have no actual business and were only being used for rotation of money,” the agency has claimed.   

Also read: Leaked CBI Report Giving Clean Chit to Anil Deshmukh Is Genuine: NCP

The ED has also levelled allegations against Deshmukh’s son Hrishikesh, claiming that he had contacted two men – Surendra Jain and Virendra Jain – to donate money for the educational trust, Shri Sai Shikshan Sansthan, run by the Deshmukhs. Both Jains have already been questioned by the ED.

Similarly, the ED, in the remand application, has claimed that Deshmukh’s business associate, Snehal Patel, has told them that “unsecure loans” were procured to run a warehousing company that Patel was a director of. Patel, involved in companies M/S Rabia Logistics, and M/S Blackstone Logistics, however, has claimed that he had only invested Rs 6 crores. The agency claimed many such dummy persons were propped up to divert funds into Deshmukh’s company accounts.

Deshmukh’s chartered accountant and also a business associate, Kishore Dewani, was also questioned by the ED and his statement was recorded on June 8. Dewani, the ED says, was also associated with Deshmukh in a warehouse company and had invested Rs 2 crores. Deshmukh had invested an additional Rs 2 crores. This company too took an “unsecure loan” of Rs 72 lakhs, without an agreement, the ED has claimed in its remand.

File image: Security forces stand guard at the residence of former Maharashtra Home Minister Anil Deshmukh in Nagpur, Friday, June 25, 2021. Photo: PTI

Another business associate of the family, Samit Isaac, is accused of purchasing a company of asset value Rs 4.75 crore at mere Rs 3.75 lakhs and within a short span of time, selling it again for Rs 4.75 crores. This was done even when Isaac did not have any liabilities, the ED states. A piece of land worth Rs 30 lakh was purchased for Rs. 3.75 lakhs.

Also read: CBI Arrests Agency’s Sub-Inspector for Taking ‘Illegal Gratification’, Detains Anil Deshmukh’s Lawyer

“These entities were allegedly a mere vehicle for benami transactions,” the ED has claimed. These businessmen were used as “dummy directors” for rotation of funds, the ED has alleged.

Deshmukh was represented in court by Vikram Chaudhari and Aniket Nikam. They maintained that Deshmukh had never absconded and had made use of only his legal remedies before appearing before the ED. Chaudhari argued, “The person (Parambir Singh) who has levelled allegations against Deshmukh is himself absconding.”

The ED had until recently maintained that Deshmukh is not an accused. But when he finally turned up at the ED office for questioning, he was arrested.

Deshmukh, who is 70, and had recently recovered from COVID-19, moved an application through his lawyers for home-cooked food. His application was allowed. Deshmukh’s lawyers have also been granted permission to be available when he is questioned by the ED sleuths while in custody. 

Former Maharashtra Home Minister Anil Deshmukh Remanded to ED Custody Till November 6

The ED’s case is that Deshmukh, while serving as the state’s home minister, misused his official position and through dismissed cop Sachin Waze collected Rs 4.70 crore from various bars and restaurants in Mumbai.

Mumbai:  A Mumbai court on Tuesday remanded former Maharashtra home minister Anil Deshmukh to Enforcement Directorate (ED) custody till November 6.

Deshmukh, arrested by the ED late on Monday night after over 12 hours of questioning in a money laundering case linked to an alleged extortion racket in the state police establishment, was produced for remand before additional sessions judge P.B. Jadhav, who presided over the special holiday court.

Before producing him in court, the prosecuting agency took the Nationalist Congress Party (NCP) leader to the state-run J J Hospital  for a regular medical checkup.

Also Read: ED Arrests Maharashtra Ex-Home Minister Anil Deshmukh After 12-Hour Interrogation

The ED had initiated a probe against Deshmukh and his associates after the CBI filed its FIR against the NCP leader on April 21 this year on charges of corruption and misuse of official position.

The ED’s case is that Deshmukh, while serving as the state’s home minister, misused his official position and through dismissed cop Sachin Waze collected Rs 4.70 crore from various bars and restaurants in Mumbai.

The ED has also arrested two other persons in the case Sanjeev Palande (additional collector rank official who was working as Deshmukh’s private secretary) and Kundan Shinde (Deshmukh’s personal assistant).

(PTI)

Mumbai Court Issues Bailable Warrant Against Kangana Ranaut in Javed Akhtar Defamation Case

The actor had failed to appear before the Andheri metropolitan magistrate’s court.

Mumbai: A Mumbai court on Monday issued a bailable warrant against actor Kangana Ranaut after she failed to appear before it in connection with a defamation complaint filed against her by lyricist Javed Akhtar.

The Andheri metropolitan magistrate’s court issued a summons to Ranaut on February 1, 2021, directing her to appear before it on March 1, 2021. However, Ranaut failed to appear on Monday following which the court issued a bailable warrant against her. The court posted the matter for further hearing on March 22, 2021.

Also read: Twitter Deletes Kangana Ranaut’s Tweets For Violating Rules

Last month, the police submitted a report saying an offence of defamation was made out against the actor. Akhtar had filed the complaint against Ranaut for allegedly making baseless and false statements against him which, according to him, damaged his reputation.

COVID, Communal Reporting and Centre’s Attempt to Use Independent Media as Alibi for Inaction

Contrary to what the I&B Ministry told the Supreme Court, many if not most media houses acted irresponsibly on the Tablighi Jamaat issue and openly communalised a health crisis.

Mumbai: On November 17, the Ministry of Information and Broadcast submitted a rather unusual affidavit to the Supreme Court. In response to a petition filed by the Jamiat Ulama-I-Hind and others – which sought action against the communal manner in which many media outlets, particularly on TV, had reported the COVID-19 outbreak following the Tablighi Jamaat gathering in the National Capital – the I&B ministry claimed that the media in India had by far provided a “balanced and neutral perspective”. Hence, it argued, there was no need for the court or the government to act against any channels.

What was particularly surprising was the ‘evidence’ the ministry chose to present before the court to build its case.

The ministry favourably cited the coverage by a few media houses like The Indian Express, The Wire, and ThePrint, etc. to claim that the press in India has acted responsibly in covering news related to the Tablighi Jamaat.

Political leaders like Y.S. Jaganmohan Reddy and Sharad Pawar were also invoked in the affidavit to show political efforts made to prevent communalisation of the virus. None of this was factually incorrect. But by highlighting the work done by one section of the press. the I&B ministry deliberately ignored the biased and openly bigoted coverage by several news outlets, particularly by pro-regime TV channels in Hindi, English and regional languages. The ministry also remained silent over the role played by BJP ministers and party leaders in fanning communal sentiments across the country at that time.  

Also read: The Coronavirus Spread and the Criminal Liability of the Tablighi Jamaat

The I&B ministry’s attempt to gloss over the TV media’s role in communally portraying the Tablighi Jamaat congregation did not go down well with the Supreme Court. The bench, headed by Chief Justice of India S.A. Bobde, expressed its displeasure, prompting the Centre to offer to file a fresh affidavit. The matter is scheduled to be heard again after three weeks. The court has suggested that the government consider setting up a regulatory mechanism under the Cable Television Network Act to deal with such content on news channels.

TJ- Media Reporting- Union Affidavit by The Wire on Scribd

How ‘balanced’ was the reporting?

The month of March was particularly tumultuous for people in India on several counts. The coronavirus had just begun spreading across the country and the Narendra Modi-led government had suddenly imposed a national lockdown. The decision, which was announced four hours before implementation, left many in the lurch. Thousands of Tablighi Jamaat visitors – both local and international – too were stranded in different parts of the country.

At a time like this, several issues pertaining to the impact of lockdown and the preparedness of the government in tackling the situation presented themselves for journalists. Instead of focusing on these, several right-leaning media outlets like Zee News, Republic TV, Times Now and media houses like Amar Ujala and news agency ANI launched a tirade against the Muslim community, using the Jamaat as a proxy. In no uncertain terms, their coverage blamed the Tablighis for causing a spike in the number of cases in the country.

While Times Now called it “Markaz mayhem,” Zee News editor Sudhir Chaudhary blamed the “dushit soch (corrupt thoughts)” of Tablighi Jamaat members for the rise in cases. Chaudhary further blamed their “religious belief” for putting the entire country in a “state of crisis”.

A Zee News report on the Tablighi Jamaat that was refuted by the Arunachal government. Photo: Twitter/@ArunachalDIPR

In April, when sentiments were still high and anti-Muslim fears were being stoked, Amar Ujala carried a news story claiming that Tablighi Jamaat members who were quarantined in Saharanpur district of Uttar Pradesh had misbehaved with hospital staff.

“…When they (Jamaat members) did not get non-vegetarian food, the Jamaatis here threw away the food and defecated in the open,” Amar Ujala report claimed. This report was widely shared and led to a frenzy on social media. However, the Saharanpur police later issued a statement calling the report “wrong and untrue”. The police also condemned the press report.

Starting from last week of March and continuing to well into April, Republic TV editor-in-chief Arnab Goswami delivered a high-decibel monologue against the Tablighi Jamaat nearly every evening, at prime time. Almost all of these hour-long segments conveyed one-sided opinion with very little to no ground reports to support the claims made.

A screengrab of a Republic TV prime time show on the Tablighi Jamaat.

In one episode, Goswami had asked, “How can one group put everyone at risk?” and further claimed that the Tablighi Jamaat organisers had schemed to “defeat the efforts made by Narendra Modi’s government” to contain the spread of the disease. He emphasised that it was the “Islamic congregation” and “Muslim clerics” from different countries who had conspired to spread the virus in the country.

Several regional media houses too joined in,  promoting hate speech. Down south, a section of the Kannada media engaged in communally charged reporting, branding the coronavirus a ‘Tablighi virus’.

Similar to Hindi media, in most Kannada news too, the coverage of the Tablighi Jamaat cluster was saturated with hateful slurs like ‘shaitan’, and ‘corona criminals’, and provocative terms such as ‘corona jihad’. This singling out and targeting of the Tablighi Jamaat and the Muslim community continued until well into June. Only after Bollywood actor Sushant Singh Rajput’s death by suicide did the focus move to the actor’s death and the political drama surrounding it.

An exhaustive study, titled ‘The Wages of Hate: Journalism in Dark Times’ has found that the Kannada media houses had not just falsely reported on the incident but attempted to stoke communal sentiments with the constant use of graphics and dramatic language, and by playing politicians’ communal statements on the loop.

The report stated:

“The Tablighi Jamaat phase saw hate speech directed against one entire community-Muslims-with very visible impact on the ground such as calls for economic and social boycott and physical violence against Muslims. Hate speech in this period was in some instances clear incitement to genocide and sought to reduce Muslims to second class citizenship.”

This report was based on a close content analysis of the news channels. The report, in fact, supports the petition filed by the Jamiat Ulama-I-Hind in the Supreme Court. The I&B ministry, however, has accused the petitioner of “selectively picking up a few articles to create an impression that the media had communalised the issue”.

On the other hand, none of these TV debates or reports were backed with evidence. They were manufactured in TV studios and fed to viewers far and wide.

Not just media

Both the Union Home Ministry and the Health Ministry have continued to blame the congregation for the spread of COVID-19. As recent as September 21, Minister of State (Home Affairs) G. Kishan Reddy, in his response to a question in the parliament, said, “As reported by Delhi Police, despite guidelines/orders issued by various authorities in pursuance of the outbreak of COVID-19 a huge gathering assembled inside a closed premise; over a protracted period of time, without any semblance of social distancing or provision of masks and sanitizers. This also caused spread of Corona Virus infection amongst many persons (sic).”

Similarly, in April, defying its own guidelines, Lav Agarwal, joint secretary of the Ministry of Health and Family Welfare (MoHFW) attributed specific “role” to the Jamaat, claiming that of the 14,378 positive COVID-19 cases countrywide (as on April 19), 4,291 of them were linked to its congregation in Delhi’s Nizamuddin area.

This community specific briefing violates the ministry’s April 8 guidelines, which say, “Do not label any community or area for spread of COVID-19.”

The World Health Organisation (WHO) too has been warning governments and the media across the world not to stigmatise any section of the population. “Stigma occurs when people negatively associate an infectious disease, such as COVID-19, with a specific population,” it said in an advisory, adding that stigmatisation, “means that people are being labelled, stereotyped, separated, and/or experience loss of status and discrimination because of a potential negative affiliation with the disease.”

File photo of Tablighi Jamaat members. Photo: PTI

However, several political leaders too participated in spreading communal hatred.

Uttar Pradesh chief minister Yogi Adityanath issued a statement “condemning the role” of Tablighi Jamaat in the spread of COVID-19 virus.

After quarantined Jamaat members were accused to have flouted norms and harassed nurses in Ghaziabad, Adityanath addressed the media on the matter, and said, “These people will neither follow the law nor accept government orders. What they have done against female health workers is a serious crime. We are charging them under NSA. We will not let them go them easily.” Notable was the chief minister’s generalising tone.

In an interview with Kannada news channel Suvarna TV, BJP MP Shobha Karandlaje had claimed that the Tablighi Jamaat attendees were involved in ‘corona jihad’. In another media statement, BJP MP Anant Kumar Hegde compared the rapid and fatal spread of COVID-19 with Islam. These accusations were carried as ‘news reports’ and no attempt was made to counter the accusations in said reports.

Screenshot of a show on Suvarna News where COVID-19 is termed ‘Tablighi Virus’.

“Keep one thing in mind. I am telling everyone openly. There is no need to buy vegetables from ‘miyans’ [Muslims],” legislator Suresh Tiwari from Deoria town in the northern state of Uttar Pradesh was heard saying in a mobile phone video that went viral in April. This video was run on a loop on several news and YouTube channels without any critical take on it.

The government, however, has claimed before the Supreme Court that instances of communal tension were just a few and far between.

India’s communal faultlines, further stressed by deadly riots in New Delhi in February over the Citizenship Amendment Act (CAA) that excludes Muslims, were split wide open by the allegations against the Jamaat. The communalisation of daily news, laced with equally baseless statements made by BJP and its allied parties’ leaders had pushed the law enforcement agencies to book Tablighi Jamaat members en masse. In almost all states, both local and international visitors were booked under a range of sections for “spreading” the virus. In some states, like in Maharashtra, the Jamaat members were also booked under non-bailable sections like “attempt to murder”.

Watch | From Super Spreaders To Super Saviours: Tablighi Jamaat Members Donate Plasma

Along with religious polarisation, this divisive reportage also led to bloody attacks on Muslims in different parts of the country. In northwest Delhi, a 22-year-old Muslim youth, Mehmoob Ali, was thrashed after some people accused him of spreading the virus.

Similarly, in September, four Tablighi Jamaat members were assaulted in Maharashtra’s Beed district. Suhail Tamboli, Aslam Ather, Sayyed Layak and Nizamuddin Qazi, were travelling to Ambajogai village from Dharur when a group of six allegedly attacked the travellers and their already broken-down car in Hol village. Tamboli was beaten unconscious and had told media then that the assailants had intended to kill him and his friends. They were ruthlessly beaten and verbally abused for 40 minutes late in the night, Tamboli had claimed.

Besides these violent attacks, in many places, Muslim vendors have been blocked from selling food, and beaten up often. A cancer hospital in Meerut had refused to admit Muslims unless they underwent a coronavirus test. Later, as media pressure was mounted, the hospital tendered an apology. In another incident, many volunteers belonging to Muslim community were attacked with cricket bats in Bengaluru when they were out distributing food to the needy.

Tamil Nadu went a step ahead and appears to have been the first government to even set up a detention centre for 129 foreign nationals who had visited different parts of the state after their stay at Nizamuddin Markaz in New Delhi. These incidents were not particularly based on facts and evidence but on the sentiment prevalent in the country. Eventually, almost all of these cases turned into acquittals.

Several courts, both trial and high courts, have over the past months come down heavily on the government for “mishandling the situation” and targeting a community over baseless charges. In a powerfully worded order, Bombay high court Judge T.V. Nalawade observed that both print and electronic media had launched propaganda against the foreigners who had come to the Markaz in Delhi.

“An attempt was made to create a picture that these foreigners were responsible for spreading COVID-19 virus in India,” the court had observed.

People wearing masks leave for hospital in a bus from Nizamuddin area, after several people at the Tablighi Jamaat headquarters showed symptoms of COVID-19 in New Delhi, Monday, 30 March. Photo: PTI

The court had also blamed the government for finding a “scapegoat” in the Jamaat members to blame them for the spread of the pandemic in the country. “It is now high time for the concerned to repent about this action taken against the foreigners and to take positive steps to repair the damage done by such action,” the court had further observed.

This and several other courts’ orders, however, came in only after over 3,500 foreign nationals, including several pregnant women and children, from 35 different countries, were imprisoned for several days and later left to fend for themselves in an unknown and now hostile country.  

‘No Iota of Evidence’: Mumbai Court Acquits 20 Foreign Tablighi Jamaat Members

With the acquittal of these 20, all cases against foreign members of the Tablighi Jamaat in the Mumbai Metropolitan area have ended in acquittals or discharge, being cleared of all charges.

New Delhi: In two separate orders, a metropolitan court in Mumbai on Monday acquitted 20 foreign nationals who are members of the Tablighi Jamaat, observing that the prosecution has not provided even an iota of evidence to support the allegation that they violated the coronavirus-induced lockdown.

According to the Indian Express, with the acquittal of these 20 foreigners – 10 each from Indonesia and Kyrgyzstan, all cases against foreign nationals linked to the Tablighi Jamaat in the Mumbai Metropolitan Region have ended “either in acquittals or discharge, being cleared of all charges”.

The 20 foreigners were booked in separate cases in April by the DN Nagar police station in Andheri in two separate cases, which invoked charges such as attempt to murder, culpable homicide not amounting to murder, violation of visa rules and the rules promulgated during the COVID-19 lockdown.

The cases were filed after two police informants registered an FIR against the accused, claiming that they visited various places and persons and spread the infection and causing deaths. The informants also claimed that the accused had violated the lockdown norms and infringed the orders of the Mumbai police commissioner, according to LiveLaw.

However, the serious charges of attempt to murder and culpable homicide not amounting to murder were dropped by the Mumbai Police in August. The police admitted that there was no evidence to show they had caused deaths by spreading the virus, according to the Indian Express.

On October 7, the court dropped all charges but one against the foreigners. Finally, they were tried under the Bombay Police Act, for alleged disobedience of an order which laid out the norms to be followed during the lockdown.

Also Read: ‘Chosen to Make Them Scapegoats’: Bombay HC Quashes FIRs Against Tablighi Jamaat Members

The accused told the court that they had informed the local authorities about their stay in Mumbai and stated that they were residing in the mosque because they were unable to return to their countries, in the light of travel restrictions which were imposed during the lockdown. “During imposition of the lockdown and their ultimate shelter in a mosque or nearby will not render them responsible for such contravention,” the court said in the verdict issued on Monday.

The court’s judgment notes that the prosecution had “considerable” documentary evidence, annexing “bulky documents on record in respect of lock-down and government directions”. It adds, “whereas orally the witnesses have not supported case of prosecution in its true sense.” The prosecution had just two witness, both of whom were police officials, who later admitted that they did not witness any violations of government orders on the part of the accused.

To quote extensively from the judgment:

“Furthermore, the prosecution witnesses have clarified that accused have not violated the norms of lock-down and order of Police Commissioner. Their versions are contrary to the documentary evidence on record.

Furthermore, the prosecution has not even carried out preparation of Panchanama and never recorded statement of any other independent witness. Thus, there is no legal evidence furnished by prosecution in support of charge.”

The court said that from the prosecution evidence, it transpires that none of the examined witnesses saw the accused persons together in the form of assembly. “Per contra the prosecution witnesses admitted that they have not seen accused persons contravening any directions or order issued by authority,” the court said.

“The said witnesses were also not found in position to tell where and how the accused person were residing at the time of alleged offence. Thus there is no iota of evidence with prosecution to show
any contravention of order by accused persons beyond all shadow of doubt,” the judgment records, before acquitting them of all charges.

Members of the Tablighi Jamaat leave from LNJP Hospital to a quarantine centre. Photo: PTI/Files

‘Communalising the virus’

Tablighi Jamaat members from various parts of the world arrived for a congregation in Nizamuddin in New Delhi in March. When cases of coronavirus infections began surging in India around the same time, members of the Jamaat became the targets of a vicious campaign which claimed that they had travelled to different parts of India to spread the infection. Several false allegations were levelled against the Jamaatis, with sections of the media and many politicians coming in for criticism for communalising the virus.

In April, the Union home ministry directed state governments to initiate criminal action against the Tablighi Jamat members who had attended the congregation in New Delhi. Consequently, police in many parts of India began registering cases against foreign Tablighi Jamaat members. However, many of these cases began falling apart under judicial scrutiny.

Notably, in August, the Bombay high court quashed the FIRs registered against 29 foreign nationals and six Indians who participated in the congregation.

“A political government tries to find a 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 Aurangabad bench of the Bombay high court observed.

Court Extends Judicial Remand of Rhea, Showik Chakraborty Till October 20

The duo was arrested by the Narcotics Control Bureau (NCB) in connection with a drugs probe related to actor Sushant Singh Rajput’s death case last month.

Mumbai: A Mumbai court here on Tuesday extended the judicial custody of actress Rhea Chakraborty and her brother Showik Chakraborty till October 20, 2020.

The duo was arrested by the Narcotics Control Bureau (NCB) in connection with a drugs probe related to actor Sushant Singh Rajput’s death case last month.

A special NDPS court on Tuesday extended the judicial custody of the actress, her brother and other accused arrested by the NCB till October 20, 2020, special public prosecutor Atul Sarpande said.

The special court had earlier rejected the bail pleas of the actress and her brother.

Also read: The ‘Danse Macabre’ Around Rhea Chakraborty Has Exposed Indian Society’s Inherent Misogyny

They then moved the Bombay high court to seek bail. The HC has reserved its order on their pleas.

The NCB began its investigation after the Enforcement Directorate (ED), which was probing money laundering charges linked to the case, shared some social media chats retrieved from Rhea Chakraborty’s mobile phone, hinting at the alleged use of banned drugs.

Rajput was found hanging at his residence in suburban Bandra on June 14, 2020.

The Central Bureau of Investigation (CBI) is separately probing a case against Rhea Chakraborty and others for allegedly abetting the actor’s suicide.