Tablighi Jamaat-Acute Absence Of Material To Proceed Further, No Reason Given to Invoke Foreigners Act Charges: Jharkhand Court Discharges 10 Indonesian Nationals

first_imgNews UpdatesTablighi Jamaat-Acute Absence Of Material To Proceed Further, No Reason Given to Invoke Foreigners Act Charges: Jharkhand Court Discharges 10 Indonesian Nationals Sparsh Upadhyay20 Jan 2021 10:54 PMShare This – xA local Court in Dhanbad (Jharkhand) last week discharged 10 Indonesian nationals, part of the Tablighi Jamaat from charges under the Foreigners Act. It may be noted that as reported by Hindi News Portal, Jagran, after they pleaded guilty to the charges under Indian Penal Code, the Judicial Magistrate, Dhanbad Ritwika Singh imposed Rs 3,000 each on the petitioners. The case has…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginA local Court in Dhanbad (Jharkhand) last week discharged 10 Indonesian nationals, part of the Tablighi Jamaat from charges under the Foreigners Act. It may be noted that as reported by Hindi News Portal, Jagran, after they pleaded guilty to the charges under Indian Penal Code, the Judicial Magistrate, Dhanbad Ritwika Singh imposed Rs 3,000 each on the petitioners. The case has been reportedly disposed of on these terms and now the petitioners are free to go back to their country. As far as charges under levelled under the Foreigners Act were concerned, the Additional District Judge-III (ADJ), at Dhanbad discharged all the 10 Indonesian Nationals along with two Indian Nationals (Guides) while noting, “In the entire case diary, no reason for submitting charge sheet against the petitioners under the penal provisions of Foreigners Act has been assigned.” The Court further remarked, “So far (their) overstay in India is concerned, these accused persons had their valid Visa which had not expired and only because of the lockdown proclaimed by the Central Government followed by the State Government, they overstayed. Had the lockdown was not proclaimed then these accused persons could never have been subject to criminal case.” In the present case, cognizance was taken u/s 14B/14C/13 of the Foreigner Act but the Court noted that no material/evidence was brought before the Court that accused entered into the territory of India on the basis of forged passport. Importantly, the Court remarked, “There is acute absence of materials to proceed further and framing any charge u/s 14B, 14C/13 of The Foreigners Act 1946 and accordingly the petition made for discharge u/s 227 of the Cr.P.C. is allowed to that extent.” Lastly, the petitioners were discharged from the allegations of offences u/s 14B, 14C/13 of The Foreigners Act 1946. As stated, for charges under Section viz 175, 176, 188, 269, 270, 271 r/w 34 of the IPC and section -3 of the Epidemic Deceases Act, they were tried before the Judicial Magistrate, Dhanbad Ritwika Singh, wherein they pleaded guilty (as reported by various media portals). In related news, noting that police didn’t collect any material in any form to make a prima-facie view that the foreign nationals before the Court had indulged in religious/Tabligh work, the Patna High Court last month quashed entire Criminal Prosecution against 18 foreigners associated with Tablighi Jamaat. Also, while observing that the plea raised by accused persons is “reasonably probable” that none of them was present at Markaz during the relevant period and they had been picked up from different places so as to maliciously prosecute them, the Saket Court (Delhi) last month acquitted 36 foreigners facing trial for allegedly flouting COVID guidelines while participating in a Tablighi Jamaat event in Nizamuddin in March this year. Further, while staying further criminal proceedings in a case against the applicant-accused (Mohd. Sad) for attending Tablighi Jamaat Congregation, the Allahabad High Court last month observed that charge sheeting the applicant under Section 307 IPC prima facie reflected abuse of the power of law. Last week, the Supreme Court allowed about 27 persons accused in connection with the Tablighi Jamaat congregation, who have been discharged and against which order the government is at present exploring the feasibility of filing a revision, to return to their home countries on giving an undertaking/bond to the registry of the top court.Click Here To Download Order/JudgmentRead Order/JudgmentSubscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Storylast_img read more


Cricket News Gautam Gambhir blasts critics after Navdeep Saini shines on debut in West Indies

first_imgNavdeep Saini played for Delhi in the Ranji Trophy.Navdeep Saini took three wickets on his debut.Saini was included in the Test squad during India’s Test against Afghanistan. New Delhi: Navdeep Saini had to fight hard to gain acceptance in Delhi’s cricket circles. The youngster had to face massive opposition from certain factions within the association, most notably from former India players Chetan Chauhan and Bishan Singh Bedi. Only one cricketer backed him and that was Gautam Gambhir. Saini put in impressive performances for Delhi in the Ranji Trophy for a couple of seasons and that saw him getting fast-tracked in the Indian cricket team, where he made his debut in the first Twenty20 International against West Indies in Florida. Saini started brilliantly by taking two wickets in his first over and then bowled a wicket-maiden in the final over to end with 3/17 from his four overs. Following Saini’s brilliant performance, Gambhir lashed out at Chauhan and Bedi for their opposition to Saini’s inclusion in the Delhi team. Bedi and Chauhan were part of a faction of the Delhi and District Cricket Association members who did not approve of Gambhir’s move to bring in Haryana-born Saini in the Delhi Ranji Trophy team. They had questioned how an ‘outsider’ could get into the Delhi team. Gambhir wrote on his Twitter handle, “Kudos Navdeep Saini on ur India debut. U already have 2 wkts even before u have [email protected] & @ChetanChauhanCr. Their middle stumps are gone seeing the debut of a player whose cricketing obituary they wrote even before he stepped on the field, shame!!!” This was the second instance Gambhir had criticised the duo, having done the same when Saini was included in the Indian Test team for the one-off Test against Afghanistan in June 2018. Saini did not play the match. Saini, meanwhile, said he did not believe his luck when he was presented with the Indian cap in Florida ahead of the match. The youngster responded the faith put on him by Virat Kohli as he bowled brilliantly and impressed everyone with his pace. Speaking after the end of the match to the official Twitter handle of the BCCI to Bhuvneshwar Kumar, Saini said there was pressure but it eased out after taking two wickets. “When I received the India cap (on Saturday morning), I could not believe that today is the day which I was waiting for. I am very happy to make the debut for India. My confidence was low initially as I was having the pressure of making the debut. The first wicket released the pressure. Then, when I got the second wicket my confidence increased and I felt like I was playing a normal match. When I was to bowl the hat-trick ball, I felt like ‘it is something which I have been seeing others do, it is happening to me’. Then, I was focussing on how to take the wicket,” Saini said.India will be aiming to wrap the series on Sunday when they play the second Twenty20 International on Sunday in Fort Lauderhill. highlightscenter_img For all the Latest Sports News News, Cricket News News, Download News Nation Android and iOS Mobile Apps.last_img read more


Jonte smith extends stay at Cheltenham

first_imgCMC – Striker Jonté Smith has extended his stay at English League Two club, Cheltenham Town, and says he is dreaming of becoming the fourth Bermudian player to appear in a Wembley Stadium final.League Two clubs have voted to curtail the regular season because of the coronavirus pandemic, but play-offs for a place in League One are expected to go ahead. When play was halted in March Cheltenham were in fifth spot in the table..To get to Wembley, Cheltenham will first have to overcome Northampton Town over a two-legged play-off semi-final, but Smith is hoping to follow in the footsteps of Nahki Wells (Bradford City), Kyle Lightbourne (Stoke City) and Shaun Goater (Rotherham United and Manchester City).Of the three, Wells – now at Championship club Bristol City – is so far the only Bermudian to score at the world-famous London venue, in Bradford’s 3-0 League Two play-off final triumph over Northampton in 2013.Smith’s contract with Cheltenham – nicknamed the Robins – was due to expire on June 3, but he has agreed to extend the deal for another month, ensuring he will be available for Cheltenham’s bid to reach League One, along with with Crewe Alexandra, Swindon Town and Plymouth Argyle, who filled the three automatic promotion spots.“I’m happy to be a part of the team for the play-offs,” 25-year-old Smith told media in the Gloucestershire town.“It’s been a strange season, but I think personally it’s been a good one as eventful as it’s been. I’ve scored a few goals and made an assist in around 500 or so minutes, scoring my first Football League goal.“It’s now an opportunity to become the fourth Bermudian to play in a Wembley final as well as become the second to score at one, so it means a lot and not just for me.”Smith joined Cheltenham last September after appearing on trial during pre-season.He scored a hat-trick against West Ham United Under-21s in an English Football League Trophy match and headed in his first League goal in the 3-0 victory at Mansfield Town on December 7.Smith was due to start at Port Vale a fortnight later, but he was struck down by illness, which kept him out until the end of February.He was hospitalised over Christmas and was eventually diagnosed with glandular fever.During the lockdown due to the outbreak of the COVID-19 pandemic, Smith has stuck to the routines sent by the club’s fitness coach Josh Harris, and has also kept in close touch with family and friends in Bermuda, where nine people have died from the virus.Like the rest of his team-mates, Smith drove into the club’s car park on Friday to be tested for coronavirus, ahead of Monday’s return to training.“I can’t wait to be back training on Monday. We have a short space of time to prepare for important games so everyone’s going to be on it and pushing each other like we have been all season,” he said.last_img read more


AFCON 2019: Ghana vs Tunisia Tactical preview

first_imgKwasi Appiah hopes to guide the Black Stars to the coveted fifth Africa Cup of Nations title in Egypt. Ghana managed to top Group F ahead of Cameroon, Guinea-Bissau and Benin. Two draws and a win at the group stages were enough to seal top spot in Egypt.Kwasi Appiah opts for his favoured 4-2-3-1 formation; a double-pivot in midfield, two wingers and an attack-minded midfielder in the hole behind the striker. His lineups from the group stage give us an indication of how he will set up against Tunisia. The Black Stars learnt a lot in the group stages; the best centre-back pairing, how good the wide players in the team are and what our midfield is good at.Black Stars Strengths’ ●          Wing playGhana is one of the best teams in the AFCON when it comes to attacking from the flanks; with 54% of our attacks coming from the left and right flanks. This has been down to how Kwasi Appiah has instructed the team to play, the wingers and full-backs operate very high up the pitch. Baba Rahman’s introduction into the XI has been crucial, and the effect can be seen, with Ghana predominantly attacking from the left side of the field. Look at how high Yiadom and Baba are in the attackTunisia loves to play and attack quite narrow, so using our width to its maximum capacity would help us a lot in Ismailia ●          Getting in behind defencesGhana’s build-up play leaves a lot to be desired at times but most often when it does work, we create a lot of chances from it. Our attackers; especially Jordan, thrive at receiving the ball in behind defences rather than in front of them. Look closely at Ghana’s goals scored in this AFCON, majority of them have come from getting the ball in behind the opponent. The forwards may not have pace to burn, but their intelligent runs have allowed them to gain a few yards ahead of the opponent’s defenders. Jordan’s effort vs Guinea-BissauGhana’s equalizer vs BeninJordan Ayew goal vs BeninAll three situations above have involved two things; a good passer and a willing runner(s). If Ghana are able to use this weapon effectively in Ismaila, they would have an upper hand throughout the game. TunisiaAlain Giresse sets up Tunisia very similar to how Ghana setup, but with a few variations.Tunisia plays more of a 4-2-3-1 system, which is built on maximizing the attacking ability of their three (3) star players: Wahbi Khazri, Youssef Msakni and Naim Sliti. This trio has caused havoc in the final third in this AFCON, but their failure to convert when necessary has been their stumbling block. The variation of the 4-2-3-1 Tunisia employ involves their wingers drifting centrally to form an attacking trident in the middle of the pitch. They often rotate as they move across the pitch, confusing defenders as to who to track at which time. Typical Tunisia attacking structureHow does Ghana beat them?Beating Tunisia will not be easy but we need to do two things:●          Provide width and stretch play as wide as possible ●          Get in behind the defence often If there is joy to be found in this Tunisia lineup, it’s in their fullback areas. Tunisia’s fullbacks operate high and wide to accommodate for the lack of width when Sliti-Msakni-Khazri come into the middle. Mauritania and Mali were able to exploit this countless times during the group stage.Mauritania able to find their striker in behind with easeThis is how both teams would lineup with respect to the tactics and movements of the players in the formation.Tunisia’s fullbacks pushing up wide during the game would give a perfect advantage to the Black Stars; Samuel Owusu and Dede Ayew would need to stay high and wide in order to take advantage of any spaces in behind. If Alain Giresse decides to put a leash on both fullbacks, then Kwasi Appiah would need to let Yiadom and Baba attack and create 2v1 situations out wide. The runs of Partey, Dede and Jordan in behind the Tunisian defence would need to be perfectly choreographed if the Black Stars are to stand a chance in Ismailia.last_img read more