Tablighi Jamaat : Delhi HC Issues Notice In Foreigners' Plea To Quash 'Second FIR' [Read Order]

The Single Bench of Justice Anup Jairam Bhambhani has issued notices to the Delhi Government as well as the Ministry of Home Affairs, Government of India.

It is submitted by the Petitioners that the subsequent FIR has been registered for the same chain of events for which the Petitioners have duly entered plea bargaining and consequent deportation orders have been issued by the Chief Metropolitan Magistrate at Saket court.

Petitioners have argued that they are being compelled to repeatedly face the same interconnected charges, which infringes upon their personal liberty.

The petition says:

'The instant case is a classic example of case wherein unsubstantiated allegations have been embellished and exaggerated with most of falsehood added to a grain of truth amounting to. Unless this Hon'ble Court protects the honour and dignity of the Petitioner by intervention at this stage, even his acquittal will not wipe out the ignominy and stigma caused by ordeal of facing criminal trial.'

It is the case of the Petitioners that the prosecution is further barred to proceed with a second FIR by the doctrine of double jeopardy enshrined under Article 20(2) of the Constitution.

Petitioners have further argued that illegality of this nature will completely derail the investigation in accordance of which even subsequent prosecution may be liable to be questioned and struck down.

The court will next take up this matter on August 10.

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