Tablighi case - Has the court set a bad precedent compromising national security and safety of people .
– Madurai Bench of Madras High Court verdict – June 15, 2020
The answer seems to be in the affirmative. While dealing with a petition seeking bail, the judgment surprisingly has effectively discharged them from facing criminal trial overlooking the grave charges. Granting bail to 31 foreigners, 20 from Indonesia and 11 from Bangladesh, Justice G.R. Swaminathan also asked the state and the central governments to facilitate their return to their homeland.
Grave Offences - It is an admitted fact before the High Court that the accussed had violated various VISA conditions, thereby violating various orders promulgated under the important provisions under the Foreigners Act and allied Rules. The accussed had violated various lockdown measures by staying in mosques as groups without observing social distancing rules.
Despite a strong Prima face case against the accused, they were granted bail on the ground that, there was an inordinate delay of more than 70 days in filing a closure report by the investigating authority before the trial court.
The Order of the High Court fails to take into cognizance many of the guidelines indicated by the Supreme Court, especially facilitating them to flee the country.
The High Court committed two grave mistakes in granting such relief. It effectively quashed/ nullified the criminal case against the Tablighis by dispensing with trial by lower court. This is done only in extreme circumstances where no offence is made out against the accused even by a reading of the charges. However having acknowledged that the accused had committed various illegalities the High Court should not granted such a relief to them. Secondly such a relief has been granted when the accused themselves sought only for bail.
More than the legal aspects, the High Court unnecessarily compared the Tablighis with refugees and internally displaced persons
It is hoped that the state government will file an appeal for reconsidering the verdict taking in view the severe threat posed by abuse of visa provisions by foreigners.
Srivatsan
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