Quashing the FIRs filed against several foreign nationals in connection with the Tablighi Jamat congregation in Delhi's Nizamuddin area, the Aurangabad bench of Bombay HC has said that there is a probability that these foreigners were chosen to be made scapegoats in the matter.
"In view of the discussion made by this Court, this Court holds that it will be abuse of process of law if the petitioners are directed to face the trial in aforesaid cases," a division bench of Justice MG Sewlikar & Justice TV Nalawade said allowing several pleas seeking quashing of FIRs.
The bench noted that there was big propaganda in print & electronic media against the foreigners who had come to Markaz Delhi & an attempt was made to create a picture that these foreigners were responsible for spreading COVID-19 in India.
"There was virtually persecution against these foreigners. A political government tries to find the scapegoat when there is pandemic or calamity & the circumstances show that there is probability that these foreigners were chosen to make them scapegoats," the order issued on Friday said.
It said that the circumstances & 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 & to take some positive steps to repair the damage done by such action," the bench said adding that the "government cannot give different treatment" to citizens of different religions of different countries.
The Bench said that "Article 14 of the Constitution of India shows that there needs to be 'law' as mentioned in this Article & for some object, the classification can be made which needs to be reasonable. Such law can be subjected to the test of constitutional validity".
"The 'contents' of 'the law' can also be sufficient to rebut the presumption of reasonableness for the classification & the rebuttal of the presumption of reasonableness is possible after consideration of even extraneous material," it added.
The HC observed that in "our culture, our guest is our god", & noted that the circumstances of the present matter create a question as to" whether we are really acting as per our great tradition & culture".
The Order said that "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 documents, they are responsible for spreading the virus. If there was any substance in the contention that there was a possibility of spreading the virus, proper actions would have been taken against them, to send them back to their own country without taking action like the present one,".
"For the limited purpose, this court is holding that the police action is based on such instructions probably of the executive & apparently there is discrimination as mentioned above. On this ground also, the malice is inferable & the cases need to be quashed," it added.
The HC was hearing a batch of petitions challenging several FIRs registered in Maharashtra against many foreign nationals, who had attended the Tablighi Jamaat congregation in Delhi Nizamuddin area.
According to one of the FIRs in the matter, some foreign nationals who had attended the Tablighi Jamaat congregation were taking shelter in a mosque in Ahmednagar.
The FIR said that the foreign nationals, who had come to India on tourist visas, were allegedly spreading Coronavirus, spreading Muslim religion by giving speeches in mosques & had committed a breach of lockdown order issued by Collector, Ahmednagar.
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