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4) In Criminal Writ Petition No. 552/2020 petitioners No. 1 to 9 are foreign nationals and petitioner Nos. 10 and 11 are Indian national. In this case also, the F.I.R. was given by one police constable. Similar contentions were made by him like the contentions made in previous F.I.R. by the other police station.

Cri.W.P. 548/20 & Ors.

According to him, he and his colleagues were doing patrolling duty on 30.3.2020 and they had received information that in Mehraj Masjid of Mukundnagar, Ahmednagar, there were nine foreign nationals and two Indian nationals and the trustees of the Masjid had given shelter to foreign nationals. According to him, they visited this Masjid on 30.3.2020 and they noticed that the trustees of Masjid had given shelter to foreign nationals. It is contended that on the same day, F.I.R. was given by him against the trustees for their act and C.R. No. 496/2020 was registered under sections 188, 269, 270 and 290 of I.P.C. and also under section 37 (1)(3) of Maharashtra Police Act for breach of the order made by the Collector. It is contended that these foreign nationals had come on tourist visa, but they were found spreading Muslim religion by giving speeches in Masjid. It is contended that there was the information that these foreign nationals had participated in the congregation in Markaj Nizamuddin Delhi and they had committed breach of lock down order issued by Collector, Ahmednagar. In respect of incident dated 30.3.2020 separate F.I.R. was given against petitioners on 4.4.2020 by police and the crime came to be registered.

5) In Criminal Writ Petition No. 554/2020, all the petitioners are foreign nationals. This F.I.R. was also given by police constable and similar contentions are made. According to him, on 30.3.2020 when they were on patrolling duty, they received secret information Cri.W.P. 548/20 & Ors.

and on that basis, they went to Bhaldar Masjid of Newasa city and there they found two trustees of Masjid with eight foreign nationals. It is contended that it was noticed that the foreign nationals were living in Masjid. It is contended that the F.I.R. No. 197/2020 was given on 5.4.2020. It is contended that it was noticed that as foreign nationals had come to India on tourist visa, but they were working for Tablig Jamamat and they were found spreading Muslim religion and that was in breach of conditions of visa, F.I.R. was given against them.

to Muslims in Masjid. The allegations are very vague in nature and from these allegations inference is not possible at any stage that they were spreading Islam religion and there was intention of conversion. It is also not the case that there was element of persuasion on any point from these foreigners.

24) In view of the Articles of Indian Constitution like Articles 25 and 21, when visa is granted to foreigners, such foreigners cannot be prevented from visiting Masjids, if they go there to observe religious practices or to ofer only Namaz. This Court is referring the orders issued by the competent authority under the aforesaid Special Enactments subsequently. For the present purpose this Court is observing that there is nothing on the record to show that the Indians were prevented from accommodating persons in the Masjid or from supplying meals to the persons including the foreigners. The statements of the witnesses recorded by police are stereotype and it can be said that word to word, line to line and para to para of the statements are copied. Further, some trustees of the Masjids are made accused in these proceedings and also in separate proceedings and there are statements of those trustees which cannot be used against foreigners or against those trustees. Most of the information shown to be given by the witnesses is apparently hearsay in nature.