The police informed the Delhi High Court on Monday that it has no objection to quashing of the separate FIRs against various foreigners, who attended the Tablighi Jamaat event here and allegedly indulged in missionary activities in violation of visa norms and breached anti-COVID-19 guidelines.
The submissions were made before Justice Anup Jairam Bhambhani who was hearing a batch of petitions by the foreign nationals seeking quashing of FIRs against them.
Delhi government standing counsel (criminal) Rahul Mehra said that without going into the merits of the cases, he has instructions to say that as these foreigners have already pleaded guilty in the first FIR, they do not want to pursue it further.
He said if they are asked to go back to the trial court, it will enhance the burden and the high court can quash the FIRs here only.
However, the judge said he was of the opinion that the petitioners should go back to the trial court as the magistrates, by whom the matters were heard, were doing their jobs efficiently and there was no need for the high court to intervene.
According to the separate petitions, the foreigners said they have already admitted their guilt in the FIR lodged by the Crime Branch of Delhi Police in the matter and pleaded for lenient punishments under the provisions of plea bargaining.
They were allowed to walk free on payment of varying fines and pleading guilty for minor offences related to the COVID-19 lockdown violations, the counsel for the foreigners said, adding that their deportation orders were also issued.
However, they are not able to fly back to their countries due to the pendency of other FIRs lodged at various police stations here, the counsel said.
When the petitioners wanted to go back to their countries, it transpired that a second FIR is also pending against each of them and the charge sheets have been filed before the trial court, she said.
Senior advocate Rebecca John, representing the foreigners, said the police cannot register another FIR and file charge sheet for the same offence for which they have already entered into plea bargaining.
John said her instructions are that the foreign nationals cannot plead guilty for the same offence second time.
The case related to foreigners who are in this country for the last several months and are desperate to go home, to their native countries, the counsel said.
The counsel sought a day's time to take instructions on the issue of whether the foreign nationals are desirous of pressing these petitions.
The high court asked Mehra to take instructions on whether some of these petitioners are also booked in any other FIRs and listed the matter for further hearing on Tuesday.
These petitioners are nationals of various countries including Australia, South Africa, Indonesia and Sri Lanka and are arrayed as accused in the charge sheets filed by the police.
Their counsel has contended that the police cannot lodge separate FIRs for the same alleged offence and they are unable to go back due to look out circulars (LOCs) being opened against them.
She said while the first FIR was lodged on March 31, this second FIR by the police was filed later on and added that the foreigners were not informed of these additional FIRs before the Saket court where they pleaded guilty.
In the petitions filed by advocates Ashima Mandla and Mandakini Singh, the petitioners have sought quashing of two FIRs registered at various police stations under various sections of IPC and the Epidemic Diseases Act.
The petitioners said that the FIRs registered at other police stations are untenable in law in light of foreign nationals having entered plea bargaining in the same charges registered by the crime branch.
They have also sought directions to the respondents to close the LoC issued qua foreign national petitioners.
In the case being probed by the 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 allegations in the FIRs before this court are similar to the FIR of crime branch, in which 911 of the 955 foreigner Jamaatis have entered into 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 doctrine of double jeopardy) as well as section 300 of the CrPC," the pleas said.
In April, COVID-19 cases across the country spiked after hundreds of many Tablighi Jamaat members, who had attended the religious congregation at Nizamuddin Markaz in the national capital, tested positive.
At least 9,000 people, including the foreign nationals participated in the religious congregation in Nizamuddin. Later, many of the attendees travelled to various parts of the country.
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