M.H. Jawahirullah accused the state government of not following the Central guidelines concerning the arrest of Tablighi Jamaat members, as reported by The Hindu. 129 Tablighi Jamaat members arrested for the violation of lockdown.
Jawahirullah charged that all foreign nationals of Tablighi Jamaat members were held in jail despite the bail provided by the Madurai bench of the Madras High Court. Members are kept in jail without proper ventilation, sanitation, space amid the pandemic.
Mr Jawahirullah told, “Foreign nationals must be lodged in designated jails. However, 98 persons were lodged in a Borstal school (inside the Puzhal prison campus). They were then transferred to Saidapet sub-jail, which is not a designated jail to detain foreigners. After they were granted bail, they were re-sent to Borstal school by re-designating the school as ‘special camp’, reported TheHindu.
He further accused the government, as reported by The Hindu, for putting 98 members in a place which can hold only 30-40 persons.
The government should be ‘benevolent and lenient’ in this issue as prescribed by the recent Karnataka High Court judgement on May 19, 2020, hearing a case related to Bangladeshi migrants. “The judgement says the Central government has delegated the powers to State governments, the decision to set up detention centres for foreigners. It also says the manual (for model detention centres) circulated in January 2019 is applicable for ‘temporary’ camps also. The State government has full authority to place them in a more hygienic place than Borstal School. The government should show leniency in this matter,” he said.
Jawahirullah also pointed out what Justice V.R. Swaminathan said earlier. Justice while granting bail to them clearly mentioned the proper arranging of lodges for the members instead of the special camp.
The MMK leader further added that the members have violated the visa conditions but what they are undergoing is enough.
He recalled that Justice Swaminathan had held: “When the petitioners have already paid the price for their misadventure, to insist that they should continue to remain in India in prison-like conditions till the proceedings are concluded grossly offends the principle of proportionality and fairness.”