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The Delhi High Court bench comprising of a single judge Justice Anup Jairam Bhambhani issued a notice to the Government of Delhi and the Ministry of Home Affairs, Government of India for the petition which was filed in the High Court seeking the revocation of the second FIR which was filed in the Delhi Police Station against the petitioners who came from foreign countries for attending the event of Tablighi Jamat. An FIR was filed against the group of these foreign nationals as they failed to comply with the orders of the Central Government, which directed all the people in the country to not indulge themselves into any social gathering or such events which may cause result in the outspread of the Covid-19 pandemic in the country. Eventually, a petition was filed in the High Court of Delhi under Article 20(2), which states the term of double jeopardy as the second FIR which was filed against the petitioners was concerned with the same events for which an FIR was registered earlier.
The petitioners argued before the High Court bench that the second FIR filed against them is of the same nature and covers the same set of events for which an FIR was filed earlier. It was further pleaded before the Court that petitioners have entered the proceeding of their matter according to the first FIR and subsequently the Chief Metropolitan Magistrate has also issued the orders regarding the deportation of the petitioners in the Saket Court.
Furthermore, the petition argued that the filling of this second FIR is impeding the personal liberty of the petitioners as they are again being compelled to get involved in the proceedings of the Court for the same set of events for which an FIR was filed earlier. The petition stated that
“The instant case is a classic example of a case wherein unsubstantiated allegations have been embellished and exaggerated with most of the falsehood added to a grain of truth amounting to. Unless this Hon’ble Court protects the honor and dignity of the Petitioner by intervention at this stage, even his acquittal will not wipe out the ignominy and stigma caused by the ordeal of facing criminal trial.”
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