Disagree with part of order on Jamaat members: Bombay HC judge

MUMBAI: A Bombay high court judge, who was a part of a twomember division bench that quashed cases registered against 28 foreign members of the Tablighi Jamaat and six trustees of local mosques in a strongly worded order, has said he disagrees with certain remarks in the August 21 judgment.The order said the foreigners were virtually persecuted and also added that a “political government tries to find scapegoat when there is pandemic or calamity”. The bench of Justices TV Nalawade and MG Sewlikar cited the material related to the case and added it shows “that the propaganda against the so-called religious activity [of the members of the Jamaat] was unwarranted”.

Justice Sewlikar passed a separate order on Thursday, saying he especially disagreed with a paragraph regarding protests against the Citizenship (Amendment) Act, or CAA, and the National Register of Citizens (NRC). In the August 21 order, the bench observed, “This action (against Tablighi members) indirectly gave warning to Indian Muslims that action in any form can be taken against Muslims. It was indicated that even for keeping contact with Muslims of other countries action will be taken against them. Thus, there is the smell of malice to the action taken against these foreigners and Muslims for their alleged activities,” the division bench said.

Justice Sewlikar said he finds it difficult to concur with these observations as allegations in this respect were not made in the petitions of the Jamaat members nor is there is any evidence in this regard.

THE ORDER SAID THE FOREIGNERS WERE VIRTUALLY PERSECUTED AND THAT A “POLITICAL GOVERNMENT TRIES TO FIND SCAPEGOAT WHEN THERE IS PANDEMIC”