High Court quashes FIR against Foreign Nationals Residing in Markaz during Lockdown [Read Order]

The Bombay High court in Hla Shwe & others Vs. State of Maharashtra quashed FIR against the Myanmar nationals stating “allowing the prosecution to continue would be nothing but an abuse of the process of the Court.” After the court found lacking grounds for the charges framed.

Facts

The applicants, foreign nationals from Myanmar, visited India in March to attend religious seminars on a tourist visa and traveled from Delhi to Nagpur where they provided their schedule of activities to the local police station. After the Janta curfew was declared the foreign nationals were shifted to Markaz center under police jurisdiction and they were further taken to the hospital for their COVID-19 test which came negative after which they were informed about the FIR against them where they were booked for various offences under the IPC, Foreigners Act, Epidemic Diseases Act, and the Disaster Management Act which led to the application in the high court.

Applicant’s Contention

The applicant’s counsel argued that the foreign nationals were under police monitoring the whole time which leaves no scope for disobedience of any government order. He further mentioned that the COVID-19 tests of the applicants were negative which leaves no question of spreading the infectious disease. He also mentioned that his clients were well under their rights attending religious ceremonies as such are allowed on a tourist visa, therefore submitting that the foreign nationals were not in violation of any of the offenses they were charged within the FIR.

 Non-Applicant’s Reply

The state contended that the male applicants were residing in the Markaz lal building in contravention of order issued under section 144 of CrPC. The counsel for state further submitted that the applicants were in violation of the foreigners act since it was not permissible to them to engage in tabligh work and preaching religious ideology, making speeches in religious places, the counsel contended that the foreign nationals were actively engaged in preaching activities while relying on the statements of witnesses.

The Court’s Decision

The court after going through the presented material found out that the applicants were not engaged in any tabligh work and were only exploring Indian Muslim culture and only studied quran and offered namaz which was not in contravention of The Foreigners Act. the court further emphasized on the fact that all the applicants were medically tested negative for COVID-19 and were not a threat to spread the infectious disease. The court also found lacking grounds for other charges and wrongful jurisdiction of FIR and the investigating authority. The court finally reached the decision of quashing the FIR stating that “Compelling the applicants to undergo the trial would cause grave injustice.”

Read Order @Latestlaws.com