Delhi HC transfers more cases related to foreign Tablighi Jamaat members to Saket district court
Aug 23, 2020
New Delhi [India], Aug 23 : The Delhi High Court has decided to transfer more cases against foreign nationals, who are members of Tablighi Jamaat, to the Saket district court.
Justice Anup Jairam Bhambhani in an order dated August 21, directed the prosecution that the chargesheets filed in different FIRs against foreign nationals related to Nizamuddin Markaz matters, which are mentioned in seven more petitions, are to be transferred from different lower courts to the Chief Metropolitan Magistrate south-east Delhi, Saket district court. The court has directed that the matter should be dealt expeditiously as per the law.
The HC said that these seven petitions pertaining to several FIRs related to Police Station Shastri Park, Wazirabad, PS Welcome, Chandani Mahal etc, wherein Metropolitan Magistrate declined cognizance have been kept pending for instructions on behalf of the State before disposing of the same.
Delhi government standing counsel for criminal matters, advocate Rahul Mehra submitted that the State has no objection to the same direction being made in all these cases as an earlier batch of petitions had also been transferred to the Saket court.
The petitioners were represented by Advocate Ashima Mandla and Mandakini Singh. Advocate Mandla argued that multiple chargesheets have been filed against the petitioners; in some of which cognizance has been taken and some of the petitioners have been summoned; whereas others matters are pending at different stages. Without delving into other grievances, she submitted that the most immediate grievance is that charge-sheets have been filed in different jurisdictional courts.
Advocate Mandla further submitted that the present matters may also be dealt with similarly and be transferred to the same court, subject to which the petitioners would withdraw these petitions.
Appearing for the Union of India advocates Ajay Digpaul and Satya Ranjan Swain said that Look Out Circulars (LoC) were opened by the Bureau of Immigration, Ministry of Home Affairs, at the request of Delhi Police. Once the criminal cases are closed, the government will have no problem in closing LoCs and facilitating the petitioners in leaving the country, the advocates said.
As of now, 15 FIRs have been ordered to be transferred by Delhi High court.
The Delhi High Court had earlier directed several matters related to Markaz to Saket court with the direction to decide expeditiously in accordance with the law.
The Delhi High Court had recently issued a notice on four separate petitions seeking quashing of additional FIRs against various Jamaat foreigners. The petitioners had told the court that the foreign nationals have been charged in these FIRs under the same sections as in FIR registered at PS crime branch in Markaj 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 these additional FIRs, the petitioners said. The petitioners had sought quashing of additional FIRs registered at a different police station under various section of IPC, the Epidemic Diseases Act.
