By Syed Ali Mujtaba
The Central government seems to be hardening its stand towards the deportation of the 2,679 foreign Tabligi Jamaat members who are now in the country since March 2020 and embroiled in Covid 19 controversy.
A case is being heard in the Supreme Court for their deportation by a bench headed by Justice AM Khanwilkar. The plaintiff 34 foreign nationals have challenged the central government’s action of revocation of their visas and also blacklisting them. They pleaded that they have committed no crime and should be deported to their home countries at the earliest.
Responding to this, the central government has submitted an affidavit in the Supreme Court stating that the visas of 2,679 foreign nationals have been cancelled and they will be allowed to go home only when the legal process under Code of Criminal Procedure (CrPC) is complete.
The affidavit said; “227 foreign nationals left India before a lookout notice could be issued against them. 47 foreigners are Nepal nationals and hold no visa and the remaining 39 cases are under the process of visa cancellation.”
The Central governments’ affidavit claimed that the foreign nationals by attending the Jamaat event in New Delhi violated the provisions of visa rules and provisions of the Foreigners Act. Besides, they might also have violated the provisions of National Disaster Management Act and the Epidemic provisions of visa rules and provisions of Foreigners Act, Diseases Act.
These laws were invoked by central and state governments to impose lockdown and other restrictions to check the spread of Covid-19, the central government said in its affidavit.
Solicitor General Tushar Mehta appearing for Centre argued that grant of visa and deportation cannot be claimed as a right. “Grant of visas is a sovereign function of the central government. There is no right to be deported. Deporting can be allowed only if there is no criminal case. Once a foreign national enters the country and a criminal charge is brought against the person, he cannot be deported,” Mehta said.
To this, Justice AM Khanwilkar remarked “It will be the central government’s discretion and there cannot be deportation if there is a criminal case.”
He further observed that the proper course of action for the petitioners would be to challenge the central government’s orders individually before the concerned high court.
The 34 foreign nationals had earlier argued; “We came here before any restrictions (imposed due to Covid-19). We have not committed any grave crime and should be deported. ”
“Blacklisting would mean we should not be allowed to return to India but it cannot be a reason for detention. In normal course, action for visa violation is deportation.” The petitioners pleaded “please deport us to our home countries.”
The matter was adjourned till July 10 to allow the petitioners to file rejoinder affidavit in response to Centre’s affidavit.
Surprisingly, in the deliberations at the Supreme Court there was no mention of the Madurai Bench of the Madras High Court judgment on June 12 that exonerated 31 foreign TJ members from all such charges being heard by the Apex Court?
“These people have served maximum sentences for violation of Visa rules and there is no proof that they have spread Coronavirus. In such a situation, if the petitioners execute appropriate affidavits expressing their regret for having violated the visa conditions, proceedings against them shall be concluded by filing final reports recording the same,” the High Court said while granting bail to 31 foreign TJ members in Tamil Nadu.
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Syed Ali Mujtaba is a journalist based in Chennai. He can be contacted at syedalimujtaba2007@gmail.com
Everyone else seems to be concerned about the oppressive plight of these 2,679 foreign guests except the silent coward firqaparast half-knowledge “Awadhi-boli-literate” Moulvi Saad, the Ameerul Momineen of the quack-Aalim Andh-bhakts…
He does not like a democratically Islamically- elected SHOURA Committee for Indian Islahi-jamaat of atleast a 100 Indian Islamic Scholars-Aalims from all Indian States to make “IJMA” decisions with “ILM-E-SHARIA”, IJTIHAD and TRAINING–TARBIYAT…
अवधी हिंदी क्षेत्र की एक उपभाषा है। यह उत्तर प्रदेश मे अवधी क्षेत्र लखनऊ,बहराइच, हरदोई, सीतापुर, लखीमपुर, फैजाबाद, प्रतापगढ़, सुल्तानपुर, इलाहबाद तथा फतेहपुर, मिरजापुर, जौनपुर आदि कुछ अन्य जिलों में भी बोली जाती है।
GLOBAL leader Ameer ul Muslimeen with ”international communication skills” in almost unhygienic Markaz building with minimal ventilation in ”super-crowded” polluted bazaar area with slippers strewn all over the entrance.
This is not Islam. HYGIENE is HALF of EIMAAN.
A Muslim updates and adapts herself/ himself with the modern times.
Moulvi Saad doesn’t go to Hajj on CAMEL, he always flies with best international AIRLINES plane flight….
Height of Hypocrisy and misleading gullible followers with ”bhel-puri mixture” doubtful mortal-human writer books ”FazaaileAamaal”, ”Bahishti Zewar”.No offense meant–these books may have been ok for 18th or 19th century, but they have many human faults, only the blessed Prophets are totally protected by Allah swt from mistakes with His divine mercy.
Deen of Islam needs to be learnt only from authentic referenced Quraan and Hadees and authentic scholarly books;
the teachers/Professors have to be experts in Islamic scholarship certified Aalims and Shuyookhs, so as not to misguide simple folks into a divisive arrogant Firqa sect which takes over control of maximum masaajids by brute mob-force, doesn’t allow ladies to pray or participate in musjid in separate secluded area like the Harmain mosques in Mecca and Medina.
It is time for senior Ulema and AIMPLB to take over all control of Tableeghi-Islahi Jamaat and move headquarters to Mumbai outskirts or Bhopal or other place in better environment and climate, with SHOURA committee of atleast 2 dignitary Ulema from each Indian state, and separate local State Shoura committees of Ulema in each Indian state.
Otherwise, future is very bleak for Islaah of the youth and everyone in the community.
And always, Allah swt knows best and He is giving everyone a warning to improve by this Corona 2020 calamity in which Allah swt has decreed closure of all mosques for such a long time , Hajj will be only local in 2020, people are scared of mingling with other people, Muslims cannot pray in jamaah-congregation.
Time for Ulema to take up their responsibilities completely.
Imam Abu Hanifa famously said :
”If qualified Ulema e Haqq are not friends of Allah and do not behave as such; then Allah swt has no friends on earth at all!”
There is need of AIMPLB ULEMA SUPPORT BAITUL-MAAL scheme to be initiated so Indian Muslims can pay minimum 0.5% of their annual charity and hadiya to support our registered qualified Ulema-e-Haqq by giving them regular monthly salary at minimum Rs 15,000 to Aalims, Rs 20,000 to Muftis and Rs 10,000 to Muezzins/Moulvis in musjids to support their families; so that they can be free to spread Deen and Islam in the community and be able to have proper paid jobs in functioning Darul Qaza community centres in all towns and cities all over India.
If Indian Muslims do not stop being selfish and start supporting Deen and AIMPLB financially now compulsorily, they may soon become Muslims only in name (munafiq) and 3rd class citizens with no human rights in Corona divine calamity/azaab.
Calm down the anger of Allah swt by financially supporting AIMPLB Ulema support team all over India.
No “Bol-Bachchan politics” will suffice now!