Delhi HC issues notice to Centre, police on pleas to quash additional FIR against foreign Jamaat attendees
Aug 04, 2020
New Delhi [India], Aug 4 : The Delhi High Court on Tuesday issued a notice to the central government and Delhi Police on two fresh petitions seeking the quashing of additional First Information Report (FIR) filed against foreign nationals who attended the Tablighi Jamaat congregation in March this year.
A bench of Justice Anup Jairam Bhambhani asked the respondent to file a status report and prepare a consolidated chart for all FIRs against all Tablighi Jamaat members and listed the matter for further hearing on August 10.
Advocates Ashima Mandla and Mandakini Singh appeared for the petitioners -- foreign nationals.
Mandla, appearing for the petitioners, submitted that the foreign nationals were not informed of these additional FIRs before the Saket court, which was hearing the matter in connection with a congregation at Nizamuddin Markaz here.
On July 31, the Delhi High Court had issued notices on two separate petitions seeking quashing of addition FIR against various jamaat foreigners.
Some of the petitioners had told the High Court that the foreign nationals have been charged in these FIRs under the same sections as in FIR registered at PS crime branch in Markaz matter, for which majority of them entered plea bargaining and paid fines.
Now, when the time for their deportation has come, they are unable to fly back due to additional FIRs, the petitioners had submitted.
"Under the law, second FIR is impermissible and there is an operational bar from prosecution of same offences arising out of the corresponding cause of action under Article 20(2) of the constitution of India (widely known as the doctrine of double jeopardy) as well as section 300 of the Code of Criminal Procedure (CrPC)," the petitioners had said earlier.
