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OVERVIEW

10 Indonesian nationals, part of the Tablighi Jamaat were released from charges under the Foreigners Act. 2 Indian Nationals were also discharged.

The Additional District Judge-III, at Dhanbad mentioned that charges were placed against foreigner-petitioners for overstay in India was due to Covid-19 lockdown.  For charges under Indian Penal Code and the Epidemic Diseases Act, ADJ indicated that the case would have to be tried by the Judicial Magistrate First Class.

WHAT’S HAPPENING NOW?

Dhanbad Ritwika Singh, Judicial Magistrate has inflicted 3,000 on each petitioner, after they pleaded guilty to the charges in the case of Abdullah Sudhiana @ AbdullohSudiana vs. State of Jharkhand.

In the present case, u/s 14B/14C/13 of the Foreigner Act was brought to awareness, but Court pointed out that no evidence was brought before it which proved that accused had entered into Indian Territory with forged passport.

It was also observed that the plea raised by accused that they were not present at Markaz and were picked up from different places to maliciously prosecute them seems probable.

Further, Allahabad High Court observed in the last month that charge sheeting the applicant-accused under Section 307 prima facie as abuse of power of law.

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