The Delhi High Court on Friday issued a notice to Delhi Police on two petitions filed by some foreign Tablighi Jamaat members seeking to quash FIRs registered against them as they are unable to fly back due to it.
These foreign members have already entered plea bargaining in similar charges related to the congregation at Nizamuddin Markaz in the national capital.
A single-judge bench of Justice Anup Jairam Bhambhani asked the government and Delhi Police to file a reply on the two petitions filed by some foreign members of Tablighi Jamaat and listed the matter for August 10.
The High Court observed that the petitioners are unable to travel back to their countries due to these FIR.
The petitioners were represented by senior advocate Rebecca M John.
In the two petitions filed by advocates Ashima Mandla and Mandakini Singh, the petitioners told the court that the foreign nationals have been charged in these FIRs under the same sections as in FIR registered at police station 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 FIRs, the petitioners said.
The petitioners have sought quashing of two FIRs registered at police station Seelampur under various sections of the Indian Penal Code (IPC) and the Epidemic Diseases Act.
Petitions stated that the FIRs registered at Seelampur are untenable in law as they have already entered plea bargaining in the same charges registered by Crime Branch.
They have also sought directions to the respondents to close the LoC (lookout circular) issued qua foreign national petitioners.
In the case being probed by Crime Branch, the foreign national petitioners have duly entered plea bargaining and consequent deportation orders have been issued by the court.
They said that the FIRs before this court are similar to the FIR of Crime Branch, in which 911 of the 955 foreigner jamaatis have concluded plea bargaining.
"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 CrPC," the petitioner said.