PATNA: The Patna high court has quashed criminal prosecution against 18 foreign nationals who were arrested on charges of tourist visa rules violation by allegedly involving in religious preaching or Tablighi works after getting stranded during lockdown in April this year at two different locations in Araria district where they had reached after visiting Nizamuddin markaz in Delhi.
While pronouncing a common judgement in two separate criminal writ petitions filed by 21 persons including three residents of Araria, a bench of Justice Rajeev Ranjan Prasad observed that there were no materials present before police to prove that the foreigners were involved in religious preaching or works which is condition for violation of tourist visa norms attaching criminal proceedings.
The order in the case was reserved on December 10 which was delivered on December 22. It came in public domain on Wednesday.
Of the 18, nine are Bangladeshi nationals who had entered India via West Bengal while rest nine are Malaysians.
The Bangladeshi nationals with two Indians were booked in FIR lodged with Narpatganj police station while Malaysians along with another Indian were booked with another FIR lodged with Araria police station on April 12 this year.
Both FIRs were lodged by police on charges of not informing them about presence of foreign nationals in their jurisdiction and involvement of foreigners in spread of religious ideologies on tourist visas.
Along with quashing the criminal prosecution against all the foreign nationals, high court also quashed Araria CJM court’s orders taking cognizance in the two chargesheets filed in both cases and summons issued against them.
The high court, while disposing both petitions, has also directed the Central government to take steps for forthwith deporting the 18 foreing citizens back home if they are not wanted in any other case or are required to stay in India because of any order passed by a competent authority or court. No relief was granted to the three Indians accused in both cases.
The court observed that no material in form of audio/video cassettes, leaflets or pamphlets were found in possession of foreign nationals and there was absolutely no material in case diary to even prima-facie suggest they were indulged in preaching religious ideologies or they had addressed any congregation on ‘Markaz’ and ‘Mosque’ platform.
HC observed that it appears Araria CJM took cognizance of offences and issued summons in routine and mechanical manner even after absence of material on allegation of preaching religious ideologies.
In its ruling, HC also made an important observation that infrastructure inside or in vicinity of markaz or mosque accommodating foreign nationals would be covered by meaning of boarding house or rest house defined under The Foreigners Order, 1948 and its management would have to inform competent authority about stay of such citizen even if they are being provided free boarding and lodging.
The Bangladeshi nationals had visited Nizamuddin markaz in Delhi before Tablighi conglomeration and had reached where there were residing in Rawahi Markaz from March 15. The Malaysians had also visited Nizamuddin markaz prior to the conglomeration and reached Araria on March 23 and were staying at Jama masjid markaz.