The case of the Tablighi Jamaat
The TLDR: In recent weeks, a number of courts have thrown out cases brought against members of the Tablighi Jamaat—whose annual conference in March was a ‘superspreader’ event in the early days of the pandemic. We revisit the Tablighi conference, and look at what the court rulings tell us about how the event was framed and prosecuted.
Tablighi Jamaat: Some background
The Tablighi Jamaat (Society of Preachers) was founded by a Deobandi Islamic scholar in Mewat, India, in 1927. It is likely the largest Muslim organisation in the world, and spread across all continents. The total number of members: at least 80 million. The puritanical organisation is not focused on converting others to Islam, but on ‘purifying’ the Muslim faith. Its annual conference attracts members and non-members from around the world.
The timeline
- Between March 1-15, more than 8,000 people, including foreigners, gathered at its headquarters—the Markaz—in Nizamuddin West, Delhi.
- The purpose: to attend the annual conference, which was held between March 13-15.
- The vast majority of the international attendees entered the country in February or early March. The date when India closed its borders: March 13.
- Many remained at the Markaz after the conference, staying in its dorms.
- Telangana reported the first Tablighi-related case on March 18, but no action was taken at that time.
- On March 22, the gates of the Markaz were closed after the Delhi government announced a lockdown—with 2,500 devotees still inside.
- The Union government announced a nationwide lockdown on March 25.
- On March 26, police and health authorities descended on the Markaz to screen and quarantine its residents. A nationwide track and trace operation was launched.
- By early April, more than 25,000 Jamaat members and their contacts had been quarantined across nearly 15 Indian states.
- Of the 4,400 cases in India, around a third were traced to the conference. Number of attendees who later died: at least 10.
The framing
The government was quick to blame the onset of the pandemic on the conference. The Health Secretary told reporters:
"Till now, there are 1637 COVID-19 cases, including 386 new positive cases and three new deaths since yesterday. The main reason for [the] increased number of cases is that members of the Tablighi Jamaat have travelled across the country.”
The official also made it clear that this was not a “national trend.” The finger-pointing immediately sparked a perfect storm of Muslim-bashing. Phrases like #CoronaJihad and ‘Corona Bomb’ started to trend on Twitter.
The charges
Beyond the rhetoric, the government also charged various members of a variety of crimes. These mainly include:
Violating the Epidemic Diseases Act: and related codes of the Indian Penal Code. In essence, the gathering—and the decision to host 2,000-plus members within its headquarters—was a violation of public health orders.
Culpable homicide: i.e. which applies when a person’s actions intend to cause death or bodily injury—or if the person possesses knowledge that their actions will do the same. These charges related specifically to Covid deaths linked to the conference.
Violating the Foreigners Act: The Ministry of Home Affairs alleged that foreign attendees spread across the country after the conference and preached Tablighi ideology—which violates visa rules prohibiting missionary work without approval. Note: engaging in Tablighi activities has been listed as a specific visa violation since June.
The cases
In recent weeks, a number of these cases have been thrown out of court, but the main beneficiaries have been foreign nationals. Even so, the outcomes speak volumes about the government’s allegations.
Mumbai: The Mumbai police have dropped culpable homicide charges due to lack of evidence. The 12 Indonesians charged in Bandra tested negative for Covid, but are still charged with spreading the disease—which the court noted was absurd when granting them bail.
Delhi: The Delhi police has also dropped culpable homicide charges against 956 foreign nationals. They will still be tried for violating other visa and pandemic-related laws. The court also threw out visa violation charges against 36 people, noting:
“In fact, there is not an iota of evidence to suggest that the present accused had in any manner professed or were propagating the principles and doctrines of the Tablighi Jamaat or had indulged in Tablighi work as alleged.”
Madras: The High Court ruled that it was a “fact beyond dispute” that none of the 31 foreign nationals had tested positive—and therefore there was no evidence that they were responsible for spreading the disease. One of the judges described their arrest and prosecution as “unreasonable, unjust, and unfair.”
The most notable case: The Bombay High Court delivered the strongest ruling thus far—claiming that not only foreign nationals, but Muslims in general have been made a “scapegoat” by the government. It threw out all charges against 29 foreigners—and six Indians who gave them shelter during the lockdown. According to Scroll:
“The court dismissed confidential central government circulars that stated the Tablighis had violated provisions of their tourist visa by ‘spreading Muslim religion by giving speeches in Masjid’... The court rejected the government contention that visa provisions were violated. Visa provisions do not restrict, ‘foreigners to visit the religious places and to have religious discourse’, according to Justice Nalawade, who said the court could not infer that they were ‘spreading Islam religion and there was intention of conversion’”.
As for those who gave them shelter, the court noted that it cannot be “treated as (an) offence” since gurdwaras too offered refuge to migrant workers during the lockdown.
Point to note: 911 foreign nationals have already cut a plea deal, and have been deported to their countries.
The bottomline: We’ll let the Bombay High Court have the final say:
“A political government tries to find a scapegoat when there is a pandemic or calamity and the circumstances show that there is a probability that these foreigners were chosen to make them a scapegoat… The material discussed shows that no such nuisance was created by the foreigners or Indian Muslims and only an attempt was made by others to create such (an) atmosphere against them.”
Reading list
Scroll offers a good overview of three key cases. The Wire has a detailed analysis of the legal ground (or lack thereof) for the charges. The Hindu offers a good explainer on the Tablighi Jamaat and a book excerpt that covers its controversial ideology. Article 14 details the larger framing of Tablighi as a form of ‘Corona Jihad’.