Tabligi Jamat Members from Russia and Kyrgystan discharged by Sessions Court

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Chandrapur from offences under Foreigners Act, Indian Penal Code, Epidemic Diseases Act and Disaster Management Act

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Nagpur – In a significant legal development Sessions Court Chandrapur presided over by Vivek Kedar has allowed revision application preferred by Tabligi Jamat Members from Russia and Kyrgystan and discharged them from offences under Foreigners Act, Indian Penal Code, Epidemic Diseases Act and Disaster Management Act.

Previously they had preferred application before JMFC at Chandrapur praying for discharge under sec 14B of Foreigners Act, 188, 269, 270 of Indian Penal Code, 2,3,4 of Epidemic Diseases Act and 51B of Disaster Management Act but said application was rejected by learned Judicial Magistrate First Class Chandrapur observing that, sufficient material was available against accused for framing charge under aforesaid offences against them.

Being dissatisfied with the order of learned Judicial Magistrate First Class Chandrapur, Tabligi Jamat members had knocked the doors of Sessions Court Chandrapur in revision praying that they be discharged from offences under the aforesaid sections.

The case of prosection was that, on 5-04-2020, complainant namely Chandrashekhar Bahadure, Police Inspector, PS Chandrapur City had lodged complaint with PS Chandrapur City that, 11 members of Tabligi Jamat namely Akhmat Khairutino, Batyrbek Shunkeno, Asanaliev Bakyt, Maksat Asenliv, Akrom Khabibullae, Daniar Dihumakadyriv, Tanarbek Eraksale, Yurisaked Chuntemir and Aayadar Bek, Akimzan Umarbek, Lugmak Memedahuro has come to Chandrapur from Delhi on 3-3-2020 and they were staying at different Mosques including Choti Masjid Chandrapur.

It was alleged that, accused persons profess to follow the tenants of the religious sect Tablighi Jamat founded by Maulana Mohammad Iliyas in 1927, which has its headquarters at Markaz Nizamuddin, Delhi. Accused persons stayed at Markaz Nizamuddin, Delhi and are claimed to have visited various parts of the country. The accused persons thereafter visited Chandrapur on 3/03/2020 and were staying in different mosques

when in pursuance to the notification dt.14/3/2020, which expressed the intention of the Government to invoke the provisions of the Epidemic Diseases Act, 1897, after a day curfew on 21/03/2020, the 1st lock-down came into effect on 24/03/2020.

it was alleged that the accused persons have committed the offences :

i) Under Section 14(b) of the Foreigners Act, 1946 as amended up to date, by being involved in preaching activities, participating in all the activities taking place in the Mosques and It was alleged that, they had not given information about their stay. It was also alleged that, even thugh they were issued tourist visas, they had participated in religious Congression and given sermons thus they had participated in tabligi activities amounting to violation of visa conditions. It was also alleged that, they had met various persons thus they had violated the orders issued under sec 188 of IPC by collector, Chandrapur. meeting people visiting the Mosques, which was contrary to the Visa terms, which prohibited this activity, as they had come in the Country on tourist Visa.

ii) Under Section 188 IPC – by disobeying an order promulgated by public servant, in as much as in spite of the orderimposing lock-down, they were meeting people visiting the Mosques thereby increasing danger of spread of Covid-19 virus.

iii) Under Section 269 IPC – by acting negligently. which was likely to spread infectious disease dangerous to life (by meeting people visiting the Mosque’s)

iv) Under Section 270 IPC – by malignantly doingan act likely to spread infection of disease dangerous to life (by meeting people visiting the Mosque’s) .

v) Under Section 3 Epidemic Diseases Act, 1897 – by disobeying the Regulations prescribing special measures as to dangerous epidemic disease.

vi) Under Section 4 Epidemic Diseases Act, 1897 –which is protection to person acting under the act which in the

i) present context is irrelevant.

On the basis of above allegations offence was registered under sec 14B of Foreigners Act, 188, 269, 270 of Indian Penal Code, 2,3,4 of Epidemic Diseases Act and 51B of Disaster Management Act.

Adv Mir Nagman Ali and Adv Rafique Sheikh appearing for applicants submitted that, the applicants, within day of the arrival i.e. 4-03-2020, were put in home quarantine on at Rangers College, Mul Road, Chandrapur by PS Chandrapur City. It was submitted that, on their examination, accused persons were stable and none of them tested positive. After imposition of lockdown their movements were known to police and on 4-4-2020 again they were quarantined till 14-04-2020. That, on 28-04-2020, accused persons were arrested. None of them had tested positive.

It was submitted that, even if accused persons were residing in Mosque’s, it is but natural that they would participate in its day to day activities. However, apart from the routine, regular activities, there is absolutely no mention of what the other activities were or how and in what manner, these were in contravention to the Visa terms and conditions or norms, or for that matter supported the allegations under Section 14(b) of the Foreigners Act.

There is not a single incident, date, name, time has been mentioned as to who were the persons visiting the Mosque’s, violating the lock-down or whether any action was initiated against such persons.

It was submitted that, no material is placed on record that, Covid – 19 had

been reported from the Countries of origin of the applicants. Immediately after their arrival they had reported to authorities and therefore there was no breach.

It was submitted that, there is nothing on record to indicate that during the period of quarantine, any congregation was held in the Mosque’s where the applicants were quarantined and so also the FIR does not name any person/s to indicate that they were visiting the Mosque’s during this period, which makes the allegation even prima facie untenable.

It was submitted that, accused were medically examined on 16/3/2020 itself and did not show any symptoms of Covid-19. Even thereafter the applicants have been tested and have been found to be negative for the Covid-19/Corona virus. Thus the requirements of the provisions of Sections 188, 269 and 270 of IPC are clearly not satisfied.

It was submitted that, accused did not breach quarantine facility which would clearly indicate absence of violation of the provisions of Section 3 of the Epidemic Diseases Act, 1897.

It was submitted that, the entire conspectus of the factual position as

availing on record, clearly indicates the absence of the ingredients of

the offences alleged against the applicants.

Learned Sessions Judge, Chandrapur vide judgment dated 5-09-2020 allowed the revision application preferred by applicants and discharged them from all the offences alleged against them.

Adv Mir Nagman Ali and Adv Rafique Sheikh appeared for applicants.Tabligi Jamat Members from Russia and Kyrgystan discharged by Sessions Court Chandrapur from offences under Foreigners Act, Indian Penal Code, Epidemic Diseases Act and Disaster Management Act

In a significant legal development Sessions Court Chandrapur presided over by Vivek Kedar has allowed revision application preferred by Tabligi Jamat Members from Russia and Kyrgystan and discharged them from offences under Foreigners Act, Indian Penal Code, Epidemic Diseases Act and Disaster Management Act.

Previously they had preferred application before JMFC at Chandrapur praying for discharge under sec 14B of Foreigners Act, 188, 269, 270 of Indian Penal Code, 2,3,4 of Epidemic Diseases Act and 51B of Disaster Management Act but said application was rejected by learned Judicial Magistrate First Class Chandrapur observing that, sufficient material was available against accused for framing charge under aforesaid offences against them.

Being dissatisfied with the order of learned Judicial Magistrate First Class Chandrapur, Tabligi Jamat members had knocked the doors of Sessions Court Chandrapur in revision praying that they be discharged from offences under the aforesaid sections.

The case of prosection was that, on 5-04-2020, complainant namely Chandrashekhar Bahadure, Police Inspector, PS Chandrapur City had lodged complaint with PS Chandrapur City that, 11 members of Tabligi Jamat namely Akhmat Khairutino, Batyrbek Shunkeno, Asanaliev Bakyt, Maksat Asenliv, Akrom Khabibullae, Daniar Dihumakadyriv, Tanarbek Eraksale, Yurisaked Chuntemir and Aayadar Bek, Akimzan Umarbek, Lugmak Memedahuro has come to Chandrapur from Delhi on 3-3-2020 and they were staying at different Mosques including Choti Masjid Chandrapur.

It was alleged that, accused persons profess to follow the tenants of the religious sect Tablighi Jamat founded by Maulana Mohammad Iliyas in 1927, which has its headquarters at Markaz Nizamuddin, Delhi. Accused persons stayed at Markaz Nizamuddin, Delhi and are claimed to have visited various parts of the country. The accused persons thereafter visited Chandrapur on 3/03/2020 and were staying in different mosques

when in pursuance to the notification dt.14/3/2020, which expressed the intention of the Government to invoke the provisions of the Epidemic Diseases Act, 1897, after a day curfew on 21/03/2020, the 1st lock-down came into effect on 24/03/2020.

it was alleged that the accused persons have committed the offences :

i) Under Section 14(b) of the Foreigners Act, 1946 as amended up to date, by being involved in preaching activities, participating in all the activities taking place in the Mosques and It was alleged that, they had not given information about their stay. It was also alleged that, even thugh they were issued tourist visas, they had participated in religious Congression and given sermons thus they had participated in tabligi activities amounting to violation of visa conditions. It was also alleged that, they had met various persons thus they had violated the orders issued under sec 188 of IPC by collector, Chandrapur. meeting people visiting the Mosques, which was contrary to the Visa terms, which prohibited this activity, as they had come in the Country on tourist Visa.

ii) Under Section 188 IPC – by disobeying an order promulgated by public servant, in as much as in spite of the orderimposing lock-down, they were meeting people visiting the Mosques thereby increasing danger of spread of Covid-19 virus.

iii) Under Section 269 IPC – by acting negligently. which was likely to spread infectious disease dangerous to life (by meeting people visiting the Mosque’s)

iv) Under Section 270 IPC – by malignantly doingan act likely to spread infection of disease dangerous to life (by meeting people visiting the Mosque’s) .

v) Under Section 3 Epidemic Diseases Act, 1897 – by disobeying the Regulations prescribing special measures as to dangerous epidemic disease.

vi) Under Section 4 Epidemic Diseases Act, 1897 –which is protection to person acting under the act which in the

i) present context is irrelevant.

On the basis of above allegations offence was registered under sec 14B of Foreigners Act, 188, 269, 270 of Indian Penal Code, 2,3,4 of Epidemic Diseases Act and 51B of Disaster Management Act.

Adv Mir Nagman Ali and Adv Rafique Sheikh appearing for applicants submitted that, the applicants, within day of the arrival i.e. 4-03-2020, were put in home quarantine on at Rangers College, Mul Road, Chandrapur by PS Chandrapur City. It was submitted that, on their examination, accused persons were stable and none of them tested positive. After imposition of lockdown their movements were known to police and on 4-4-2020 again they were quarantined till 14-04-2020. That, on 28-04-2020, accused persons were arrested. None of them had tested positive.

It was submitted that, even if accused persons were residing in Mosque’s, it is but natural that they would participate in its day to day activities. However, apart from the routine, regular activities, there is absolutely no mention of what the other activities were or how and in what manner, these were in contravention to the Visa terms and conditions or norms, or for that matter supported the allegations under Section 14(b) of the Foreigners Act.

There is not a single incident, date, name, time has been mentioned as to who were the persons visiting the Mosque’s, violating the lock-down or whether any action was initiated against such persons.

It was submitted that, no material is placed on record that, Covid – 19 had

been reported from the Countries of origin of the applicants. Immediately after their arrival they had reported to authorities and therefore there was no breach.

It was submitted that, there is nothing on record to indicate that during the period of quarantine, any congregation was held in the Mosque’s where the applicants were quarantined and so also the FIR does not name any person/s to indicate that they were visiting the Mosque’s during this period, which makes the allegation even prima facie untenable.

It was submitted that, accused were medically examined on 16/3/2020 itself and did not show any symptoms of Covid-19. Even thereafter the applicants have been tested and have been found to be negative for the Covid-19/Corona virus. Thus the requirements of the provisions of Sections 188, 269 and 270 of IPC are clearly not satisfied.

It was submitted that, accused did not breach quarantine facility which would clearly indicate absence of violation of the provisions of Section 3 of the Epidemic Diseases Act, 1897.

It was submitted that, the entire conspectus of the factual position as

availing on record, clearly indicates the absence of the ingredients of

the offences alleged against the applicants.

Learned Sessions Judge, Chandrapur vide judgment dated 5-09-2020 allowed the revision application preferred by applicants and discharged them from all the offences alleged against them.

Adv Mir Nagman Ali and Adv Rafique Sheikh appeared for applicants.