Delhi HC Allows Delhi Police To Send Officers to Kolkata To Conduct Investigation Against Foreign Nationals Related To Tablighi Jamaat Event [Read Order]

Delhi High Court has allowed Delhi Police to carry out investigation pursuant to notices issued under section 41A of the Criminal Procedure Code against foreign nationals related to Tablighi Jamaat event who are stuck in Kolkata.

The Single Bench of Justice Anup Jairam Bhambhani has allowed the Delhi Police to go to Kolkata to conduct the investigation against such foreign nationals.

The order has come in a criminal writ petition moved by 59 foreign nationals from Bangladesh, Indonesia and Thailand, asking the court to quash the notices issued by the Crime Branch of Delhi Police under section 41A of CrPC.

The Petitioners have also sought for the quashing of the Look-Out Circulars ('LoCs') issued against them by the Bureau of Immigration.

The Petitioners are currently accused of offences under section 3 of The Epidemic Diseases Act, sections 51/58 (1) of The Disaster Management Act, section 14(1)(b) of The Foreigners Act read with sections 188/269/270/271/336/308/304/120B of the Indian Penal Code.

Mr Rahul Mehra, who appeared for the Delhi Police, informed the court that the Petitioners have not joined the investigation despite notices under section 41A of the Cr.P.C. having been duly served upon them.

Mr Mehra further submitted that if the Petitioners co-operate in the investigation and furnish requisite information which warrants closure of cases against them, Delhi Police may not proceed against them at all.

Mr Musharraf Ali Khan, who appeared for the Petitioners, submitted that the Petitioners are ready and willing to cooperate in the investigation, however, they are currently stuck in Kolkata and are not able to come to Delhi due to the lockdown.

At this point, Mr Mehra informed the court that the Delhi Police will send its officers to Kolkata for purposes of investigation and they will not require custodial interrogation and Petitioners will not be arrested, provided they cooperate in the investigation.

Taking these submissions into consideration, the court allowed the Delhi Police to send its officers to Kolkata to carry out the investigation.

The court will next take up the matter on August 24.  

Click Here To Download Order

[Read Order]