The Supreme Court on Tuesday directed the Bihar government to move the Patna High Court within a week to seek transfer of pending criminal cases against 13 foreign Tablighi Jamaat members for alleged visa violations before a trial court for quick disposal preferably within eight weeks of their transfer.
A bench comprising justices A M Khanwilkar, Dinesh Maheshwari and Sanjiv Khanna took up the plea of 13 foreign Tablighi Jamaat members in the proceedings held through video conferencing and asked the state government to do the needful urgently.
“In our opinion, the prosecution must forthwith move a formal application before the High Court for such relief, which we are certain would be considered appropriately in light of and on similar terms vide order of this court dated August 06, in reference to similar cases in the NCT of Delhi. After the High Court allows the proposed application of the State, the trial Court may make endevour to dispose of the concerned criminal case within eight weeks from the date it is transferred,” the top court said in its order.
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The cases against these Tablighi members were filed in Araria district and now they will be transferred before a court in Patna by the High Court on moving of an appropriate application.
“If the State of Bihar fails to move application before the High Court within one week from today, as indicated earlier, it will be open to the applicants (Tablighi members) either individually or together to move a formal application(s) before the High Court of Patna, after one week from today and such application(s), if filed, be considered by the Court expeditiously, preferably within one week from the date of institution,” the order said.
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The bench asked its registry to forward a copy of the order to the Registrar General of the Patna High Court forthwith for information and necessary action.
Earlier, the top court had sought a response from the Bihar government on a plea of foreign Tablighi Jamaat members that their cases and subsequent trial be consolidated before one court in the state.
Solicitor General Tushar Mehta, appearing for the Centre, had said that he does not have any objection and the trial can be consolidated as done in Delhi where a court at Saket is hearing all such cases
Prior to this, the Centre had told the Supreme Court that look out notices issued against some foreigners, who have challenged in the apex court the government''s orders blacklisting several citizens of 35 countries for alleged involvement in Tablighi Jamaat activities, have been withdrawn.
The Solicitor General had said that petitioners who are before the apex court would be "free to leave" India subject to any other pending proceedings including order passed by the court requiring their presence.
As per the information available, 205 FIRs have been lodged against foreign Tablighi Jamaat members by 11 states and 2,765 such foreigners have been blacklisted so far, the Centre had said in its affidavit.
Of these, visas of 2,679 foreigners (including 9 Overseas Citizen of India (OCI) card holders) have been cancelled, it said, adding that the remaining 86 include Nepalese nationals who do not require a visa.
