Syed Ali Mujtaba
Two hundred fifty foreign Tabligi Jamaat members (TJ) out of 900, belonging to 34 countries have accepted the plea bargain offer of the government and agreed to deposit fines to the PM Cares Fund as a batter deal to walk free.
These 250 foreign TJ members have paid a total sum of INR
434,000,615,000 or Four hundred thirty-four billion six hundred fifteen thousand
to PM Cares Fund.
Controversy surrounding
PM Cares Fund
PM Cares Fund – an acronym for Prime Minister’s Citizen
Assistance and Relief in Emergency Situations Fund, was set up in March 2020
with the objective of being a “dedicated national fund” to deal with “any kind
of emergency or distress situation.”
It has run into controversy after opposition parties
questioned the rationale of PM Cares Fund when the PM National Relief Fund is
operational. The political parties further raised concern over the transparency
of the PM Cares fund as money parked in its coffer cannot be audited
independently.
This matter was heard by the Supreme Court under public
interest litigation. The Apex Court ruled in favor of the government. It upheld
the view that PM Cares fund cannot be subjected to any external auditing.
However, this does not absolve the government from the public
criticism that PM Cares Fund is an extortion racket that the government has
opened to accumulate money for electoral purposes in the shadow of the
pandemics.
"Freedom
Money"
Notwithstanding, so far 34 Thai nationals, 22 Nepali
nationals, 98 from Indonesia, 23 from Kyrgyzstan, 62 from Malaysia and 11 from
Saudi Arabia have deposited their ‘freedom money’ in the PM Cares Fund.
The 34 Thai nationals have paid the fine of Rs 6,000 each
totaling INR 204000. The 22 Nepalese nationals paid a fine of 4,000 each
totaling INR 88,000. The 98 Indonesians have paid 10,000 each totaling INR
98000. The 23 Kyrgyzstan nationals paid 5000 each totaling INR 115000. The 62
Malaysian paid 7,000 each totaling INR 434000. The 11 Saudi Arabian paid 10,000
each totaling INR 110000.
A grand total of all these money deposited in the PM Cares
Fund is staggering INR 434000615000 or Four hundred thirty-four billion six
hundred fifteen thousand. The amount so far deposited to the PM Cares Fund is
only from 250 TJ members and there are 650 more members to pay their freedom
money.
"Bargain Process
Option"
A Delhi Metropolitan Magistrate, Gagandeep Jindal, hearing the case of 34 Thai nationals gave them the bargain process option to accept their guilt and pay a fine of Rs 6,000 each. They 34 Thai TJ members deposited INR 2,04,000 to the PM Cares Fund and sought amnesty.
Similarly, another court had directed 22 Nepalese to walk
free on a payment of Rs 4,000 fine each. They Nepalese nationals together have
deposited INR 88,000 to the PM Cares.
A Metropolitan magistrate Rajat Goyal allowed 98 Indonesians
to walk free under the same plea on payment of Rs 10,000 each as a fine. They
have deposited INR 98,000 to the PM Cares Fund.
Similarly, another Metropolitan magistrate Rohit Gullia
allowed 23 TJ members from Kyrgyzstan to walk free on payment of Rs 5,000 each.
The Kyrgzs deposited INR 1, 15,000 to the PM Cares.
In the same process, Metropolitan Magistrate Siddharth Malik
had asked 62 Malaysian nationals to pay 7,000 each to gain freedom. They
deposited a total sum of INR 4,34,000 to the PM Cares.
A Court of Metropolitan Magistrate Ashish Gupta allowed 11
Saudi Arabian nationals to walk free upon payment of 10,000 each. The Saudis
deposited a sum of INR 1, 10,000 to the PM Cares Fund.
Charges against
Tablighi Jamaat
A total of 900 foreign nationals from 34 countries had come
to India to participate in the Tablighi Jamaat congregation held in mid-March
2020 in Delhi.
The government has found them guilty on several charges. The first charge being they are super spreaders of coronavirus and are guilty of culpable homicide. This charge was leveled at a time when the COVID 19 figures were not even 500 and no death in the country.
This charge of the government that the TJ members are super spreaders of coronavirus and guilty of culpable homicide has become a laughing stock in the courts, when the COVID 19 cases has crossed over three million with 50 thousand deaths. The government lawyers are finding it hard to substantiate its charge on the TJ members in the current context when India is at number two position in terms of Covid 19 cases.
The second charge by the government is; these foreign TJ
members are guilty of violating government orders to Covid-19 lockdown. This
charge is also being contested as Tabligi members have given their entire
schedule of activities during the lockdown. They allege that it's the government
that has disrupted their schedule by announcing the lockdown on midnight of
March 24 and they have not violated any lockdown norms. The plantiff is finding
hard to defend its allegations and defence arguments seems more logical.
The third charge leveled on the foreign Tabligi Jamat members
is that they have misused the visa norms. According to the government they had
come to India on tourist visas but had indulged in religious preaching activity
and even involved in conversion activity.
This allegation is also being contested, as the TJ members
who say that it is the Indian government’s ingenuity that has bestowed on them
the certificate of preachers. They are otherwise half literate people, who had
come to this great country for learning and travelling purposes. They say that
tourist visas are the most appropriate category for such purposes.
The government lawyers have to prove the allegation that TJ members
were involved in religious conversion activity. And the Judge sitting in judgment has to
decide whether Tabligis are preachers or just ordinary folks who had come to
India to purify their souls.
ED Raids on Tablighi
Jamaat HQ
The most serious among all the charges leveled by the
government is the allegation that the Tabligi Jamat members are into money
laundering. The government has used its Enforcement Directorate that has raided
at least 20 places in the country including Tabiligi Jamat’s Markaz in New
Delhi.
In order to dig out the illegal trail of money being
laundered by TJ members the ED has asked the money changer shop in front of
Tabligi Jamat Markaz in Delhi to provide them a report of 6 years of money
being exchanged by the foreign TJ members.
The money laundering charge has not yet come for trial but it
is reported that such charge-sheet is being prepared by the government. This is
a very serious charge and somehow if the government is able to establish this allegation
then the foreign ‘Tabligi Jamat’ members can be in real trouble. This
allegation if proved true can lead to the ban of Tabligi Jamat as an
organization in the country.
How far the government of the day is going to be successful
in proving its allegations will depend upon the court’s wisdom. Right now the
government’s allegations against the Tabligi Jamat members look like vendetta
against a particular religious community and its religious faith.
In this story of the plea bargaining offer and acceptance of
guilt and its amnesty by paying fine in PM Cares Fund, stand tall some 44
foreign Tabligi Jamat members. These TJ
members have hit a discordant chord and dug in before the courts saying they are
ready to face the trial till they are exonerated from all the charges or are sentenced
for their crime.
Among the brave hearts there are 7 Thai nationals who want
the government to proceed with the charges against them. They have made public
that they will not accept the plea bargain offer and will not paying any fine
to get released. They say they have not done crime and are not guilty of any
misconduct. They have openly challenged the government to prove their
allegations and are ready to face the gallows.
This is a very interesting case between the government and
some courageous religious soul in the shadow of Covid 19. The government has its
own agenda to placate its majoritarian vote bank and wants to break the courage
of the TJ members with the bait to buy freedom.
The stories of India’s freedom fighters are lace with such
saga where the British government had also given similar bait for freedom by
paying fine and writing apology. There were some Indian freedom fighters that
refused the British government’s offer and preferred jail.
On the same lines are some of these TJ members who strong
heads and to prove the point that if the
courts pronounce the judgment that they are not guilty of any misconduct then this
government will be clearly in dock for indulging in anti-Islam and anti-Muslim vilification.
----------
Syed Ali Mujtaba is a journalist based in Chennai. He can be
contacted at syedalimujtaba2007@gmail.com.
