BACKGROUND
• There were two petitions before the court, in the first plea the petitioners were foreigners who entered India with a travel visa through west Bengal by road. In the second plea, the petitioners were Indian Citizens residing in Araria, Bihar.
• The petitioners in the first plea visited Nizamuddin Markaz in Delhi before Tablighi Conglomeration and were later residing in Rawahi Markaz in Bihar.
• On the other hand, petitioners in the second plea were stuck at Rawahi Markaz, Bihar.
• Petitioners in both the pleas were observed by the police and local authorities as they were violating the Janta Curfew, and were later quarantined at Rawahi Markaz as per the Standard Operating Procedures or SOPs.
• An F.I.R was later filed by Bihar Police in which it was stated that nine Bangladeshi people were staying at Rawahi Markaz and they were invited by maulana of the Markaz to spread religious principles.
• The charge sheet was filed under section 14 and 14 (C) of the Foreigners Act.
ISSUE BEFORE COURT
1. The first question was whether the F.I.Rs in question are disclosing a violation of Visa conditions in terms of Section 14(b) of the Act of 1946.
2. And secondly that the petitioners may be said to have abetted the offence punishable under Sections 14, 14-A or 14-B to attract a penalty envisaged under Section 14-C of the Act of 1946.
COURT’s POINT OF VIEW
• The court observed, keeping in mind a circular issued by Ministry of Home Affairs, that foreigners entering India on Tourist Visa cannot indulge in Tabligh Work, and if done so, anaction regarding their deportation under the Foreigners Act should be taken.
• But attending Jamats or Congregations is not one of the restrictions specified under circulars.
• It was stated by Bench that the foreign nationals were staying in the 'Markaz' and the 'Mosque' respectively with effect from a date before the imposition of the Lock-down and were not been seen addressing any congregation or preaching any religious principles.
• As there was no material in the case diary that proves that those people were indulged in the preaching of religious ideologies, the allegations are unfounded.
• Hence, the respondents were directed to take steps forthwith to deport the foreign nationals (petitioners in the two writ applications) to their respective countries.
DO YOU THINK THAT PEOPLE FROM OTHER COUNTRIES SHOULD BE ALLOWED TO PREACH THEIR RELIGIOUS PRINCIPLES IN INDIA? MENTION YOUR VIEWS IN THE COMMENTS BELOW!
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