New Delhi: The Delhi High Court has allowed the Delhi Police to investigate and conduct an inquiry against foreign nationals, members of the Tablighi Jamaat, following the notices issued under Section 41A of the Code of Criminal Procedure.
The single bench of Justice Anup Jairam Bhambhani, while hearing the criminal writ petition filed by 59 foreign nationals from Bangladesh, Indonesia and Thailand, allowed the Delhi Police go to Kolkata and conduct the investigation.
Through this criminal writ petition the court has been asked to quash the notice issued by the crime branch of Delhi Police under Section 41A of the CrPC. The petitioners have also demanded cancellation of the Look-Out Circular (LoCs) issued by the Immigration Bureau against them. They are currently charged with an offense under Section 3 of the Epidemic Diseases Act, Acts read with Section 51/58 (1) of the Disaster Management Act, Section 188 (1) (b) Section 188/269/270 / Section 271/336/308/304/120 B of the Indian Penal Code.
Advocate Rahul Mehra, appearing for Delhi Police, submitted before the court that the petitioners are not cooperating in the investigation despite the notice served to them.
However, Musharraf Ali Khan, appearing in court on behalf of the petitioners, submitted that the petitioners are ready and willing to cooperate in the investigation, but in this current situation of lockdown they are stuck in Kolkata and are unable to come to Delhi.
The court has ordered this matter to be put off to August 24.
Read the order here;76081_2020
-India Legal Bureau