Tablighi judgment aug 21

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Cri.W.P. 548/20 & Ors.
1
IN THE HIGH COURT AT BOMBAY
APPELLATE SIDE, BENCH AT AURANGABAD
CRIMINAL WRIT PETITION NO. 548 OF...

Cri.W.P. 548/20 & Ors.
2
12. Mohammad Ali Ammen,
Age:- Major, Occu- Business
R/o Mumbai.
13. Mohammad Shakir,
Age:- Major,...

Cri.W.P. 548/20 & Ors.
3
Age:- 42 years, Occu- Business
R/o Benin Country.
7. KuwasiKaumi Maksim
Age:- 44 years, Occu- Bus...

Cri.W.P. 548/20 & Ors.
4
R/o INDONESIA.
5. Mohammad Arif Amruddin Rambeli
Age:- 26 years, Occu- Business
R/o Bruneai, Daru...

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Cri.W.P. 548/20 & Ors.
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JUDGMENT : [PER T.V. NALAWADE, J.]
1) Rule. Rule made returnable forthwith. By consent, heard
bot...

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1 to 10 are foreign nationals and petitioners No. 11 to 14 are Indian
nationals. F.I.R. was given...

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According to him, he and his colleagues were doing patrolling duty
on 30.3.2020 and they had rece...

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and on that basis, they went to Bhaldar Masjid of Newasa city and
there they found two trustees o...

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was declared on 23.3.2020. They have contended that due to the
lock down the vehicular moment was...

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10
some of them like fve foreign nationals from three cases were found
infected by the virus. It is...

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had attended Markaz Masjid to come forward voluntarily for testing
them in respect of virus, but...

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“14. Penalty for contravention of provisions of
the Act, etc. - Whoever -
(a) …….
(b) does any a...

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13
show that though restrictions are put on the foreigners who come to
India on tourist visa to pre...

Cri.W.P. 548/20 & Ors.
14
GOVENRMENT OF INDIA
MINISTRY OF HOME AFFAIRS.
10-4-96
To
Home Secretaries of all the State Gover...

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Cri.W.P. 548/20 & Ors.
15
(SUBHASH MEHTANI)
Under Secretary to the Govt. of India.”
Clarifcation of circular dated 10.4.19...

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(SUBHASH MEHTANI)
Under Secretary to the Govt. of India.
Copy to :-
1. Shri. N. C. Padhi, Jamoin...

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Subject:- Action against foreigners indulging in
religious/Tabligh work.
Sir,
Please refer to th...

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(1) JamS (F) Dir (I&C)/DS (F)/US (F)/US (OC1)
(2) All Sections in Foreigners Wing
(P.V. Sivarama...

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violating visa provisions.
Yours
(Gurbachan Singh)
Shri Swadhin Kshatriya, IAS,
Chief Secretary,...

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Cri.W.P. 548/20 & Ors.
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5) Commiossioner, S.I.D. Maharashtra State,
Mumbai.
6) The Deputy Secretary, Home Department,
Ma...

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21
Major Dhyan Chand National Stadium,
New Delhi- 110002
Dated: 31.03.2020
OFFICE MEMORANDUM
Subjec...

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4. This issues with the approval of competent
authority.
(Manoj Kumar Jamha)
Deputy Secretary to...

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2. It has come to the notice of MHA that 960
foreigners of diferent nationalities as identifed o...

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updated upto 30.9.2019 and which is mentioned as ‘confdential’
document. Para No. 1.25 of this M...

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25
3.4.2020 and 6.4.2020 are produced by the State and they are as
under :-
“CONFIDENTIAL
Rajeev Ra...

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(Rajeev Ranjan Verma)
Commissioner
The Chief Secretaries/Administrators of all
States and UTs
Th...

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CONFIDENTIAL
Rajeev Rajan Verma
Commissioner
No. 1/Comm/BoI/2020-1146
BUREAU OF IMMIGRATION
(Min...

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provided in the above mentioned daily report. Further,
the requests for issuance of Look Out Cir...

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is not to exceed 90 days. In the same compilation, the State has
produced more information in re...

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in tabular form by the police.
19) Mr. Konan Kodio Ganstone, other foreign national from
C.R. No...

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from C.R. No. 496/20 was tested positive. In the table only three such
persons are mentioned and...

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whether there was breach of them and also whether there was
malice behind the action taken again...

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onwards. More information about this Tabligh Jamamat can be found on
Oxford Islamic Studies Onli...

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merriam-webster.com is as under :-
“formal and orderly and usually extended expression
of though...

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to Muslims in Masjid. The allegations are very vague in nature and
from these allegations infere...

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25) It is true that in view of wording of Article 19 of
Constitution of India, the freedoms give...

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infected persons are brought very late to the hospitals and they die.
In the present matter, it ...

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allowing them to leave the airport. The entire aforesaid exercise was
done by the Central Govern...

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28) The material of the present matter shows that the
propaganda against the so called religious...

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practically possible to prevent discourse on religious matters. Many
times such discussion can a...

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created by pandemic near and dear of every person who is out of
house and particularly out of co...

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these things need to be kept in mind not only by the Courts, but also
the Executive before takin...

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and so, Article 21 is applicable in case like present one. In view of
this Article and Article 2...

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other religions. Due to these circumstances, the background of the
action and what is achieved n...

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which chargesheet is fled. The chargesheet is for the ofence
punishable under section 51(b) of t...

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38) Section 188 of I.P.C. provides punishment for
disobedience of orders like orders issued unde...

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provision can be used. The material discussed shows that no such
nuisance was created by the for...

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to such numbers as may be assigned, so that
necessary measures may be initiated by
Commissioner,...

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as accused in C.R. No. 496/20 had reached Delhi on 24.2.2020.
Considering the time when they had...

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things cannot be left with the person concerned who have come from
abroad. When criminal action ...

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purpose and where the persons are living by restricting their
movements cannot be treated as pub...

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47) In Marathi, there is saying meaning of which is “missing
Fakir/begger can be found in Masjid...

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respect of possibility of spreading of infection by the petitioners is
already discussed with re...

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present matter are also similar to the facts of the case of Kerala High
Court.
49) The learned c...

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merits. He submitted that only due to pressure and as most of the
foreigners are interested to l...

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record was available to make out prima facie case, chargsheets are
fled by police. The Governmen...

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O R D E R
(I) All the petitions are allowed.
(II) Relief of quashing of the F.I.Rs. and the case...

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58
countries. Some arrangement will have to be made between two
countries if international flights ...

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