The Delhi Excessive Court docket on Friday issued a discover to Delhi Police on two petitions filed by some international Tablighi Jamaat members searching for to quash FIRs registered towards them as they’re unable to fly again resulting from it.
These international members have already entered plea bargaining in comparable costs associated to the congregation at Nizamuddin Markaz within the nationwide capital.
A single-judge bench of Justice Anup Jairam Bhambhani requested the federal government and Delhi Police to file a reply on the 2 petitions filed by some international members of Tablighi Jamaat and listed the matter for August 10.
The Excessive Court docket noticed that the petitioners are unable to journey again to their nations resulting from these FIR.
The petitioners have been represented by senior advocate Rebecca M John.
Within the two petitions filed by advocates Ashima Mandla and Mandakini Singh, the petitioners instructed the courtroom that the international nationals have been charged in these FIRs underneath the identical sections as in FIR registered at police station crime department in Markaj matter, for which majority of them entered plea bargaining and paid fines.
Now, when the time for his or her deportation has come, they’re unable to fly again resulting from FIRs, the petitioners stated.
The petitioners have sought quashing of two FIRs registered at police station Seelampur underneath varied sections of the Indian Penal Code (IPC) and the Epidemic Illnesses Act.
Petitions acknowledged that the FIRs registered at Seelampur are untenable in regulation as they’ve already entered plea bargaining in the identical costs registered by Crime Department.
They’ve additionally sought instructions to the respondents to shut the LoC (lookout round) issued qua international nationwide petitioners.
Within the case being probed by Crime Department, the international nationwide petitioners have duly entered plea bargaining and consequent deportation orders have been issued by the courtroom.
They stated that the FIRs earlier than this courtroom are just like the FIR of Crime Department, through which 911 of the 955 foreigner jamaatis have concluded plea bargaining.
“Below the regulation, second FIR is impermissible and there’s an operational bar from prosecution of identical offences arising out of the corresponding explanation for motion underneath Article 20(2) of the structure of India (broadly often called the doctrine of double jeopardy) in addition to part 300 of the CrPC,” the petitioner stated.