The Delhi High Court has issued notice in two fresh petitions moved by foreign nationals related to Tablighi Jamaat event who have moved the Delhi High Court seeking quashing of the second FIR registered against them pertaining to the same chain of events for which they have already entered into a plea bargain.
While issuing notice, the Single Bench of Justice Anup Jairam Bhambhani has further directed the Delhi Police to submit a consolidated chart of all the FIRs registered against the foreign nationals related to Markaz event.
Advocate Ashima Mandla, appearing for the Petitioners submitted that the foreign nationals were not informed of these additional FIRs before the saket court hearing arising out of FIR No. 63/2020
These fresh petitions are moved by nationals of South Africa, Niger, Australia, Indonesia, and Sri Lanka. The court was also informed that two nationals of the United States of America have refused to enter into plea bargain and have instead claimed trial.
The earlier petition was filed on behalf of the nationals of Bangladesh.
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.
Counsels Ashima Mandla and Mandakini Singh have appeared for the foreign national jamaatis .
The court will next take up this matter on August 10.