Saturday, August 29, 2020

Foreign Tablighi Jamaat Members Filling Coffers of PM Cares Fund

Foreign Tablighi Jamaat Members Filling Coffers of PM Cares Fund

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.

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Syed Ali Mujtaba is a journalist based in Chennai. He can be contacted at syedalimujtaba2007@gmail.com.

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