Relief Can't Be Granted Against Registration Of FIR/ Criminal Proceedings In A PIL: Delhi High Court Imposes 25K Cost

The Delhi High Court today imposed cost of Rs. 25,000 while dismissing a public interest litigation, seeking status report of foreign nationals lodged in jails and framing of guidelines for their deportation.

The Division Bench of Chief Justice DN Patel and Justice Jyoti Singh, while dismissing the plea filed by an organisation namely We Are Saath, observed,

"It ought to be kept in mind that whenever any offence is registered against any person, then relief cannot be granted without appreciating the facts of the case. This writ petition is preferred as a PIL and therefore reliefs as prayed for cannot be granted by this court for those foreign nationals against whom offences are registered and who are in lawful custody of the Court."

Advocate Deepak Prakash, appearing for the Petitioner, had particularly sought release of two Nigerian nationals lodged in custody. It was his case that Indian resources should be used for correction of its citizens, not foreign nationals. Rather, guidelines should be framed for deporting them back.

The Court noted that the said persons had been convicted for an offence publishable with life term and an appeal was also pending in the matter. Thus, the Bench made it clear that an FIR or criminal proceedings cannot be set aside while exercising PIL jurisdiction.

It remarked,

"If any foreign national is committing any offence under IPC or any other Indian law, there is bound to be an FIR or criminal proceedings against such foreign nationals as per the Indian laws...As and when a person who is in jail is coming to the court, looking to the facts of their case, relief can be granted. In view of this, we see no reason to entertain this petition."