Why 2 charge sheets on same riots complaint: HC

COURT ASKED IF DOING SO WOULD AMOUNT TO ‘DOUBLE JEOPARDY’

NEW DELHI: The court trying cases pertaining to the 2020 north-east Delhi riots has sought a report from the the Delhi Police for including the same complaint in two charge sheets, asking the prosecution on whether it would amount to “double jeopardy” – the legal principle that a person cannot be tried for the same crime twice in the same jurisdiction.

The two charge sheets relate to cases of rioting and destruction of property. The court was conducting proceedings related to a case filed by a person named Zeeshan and seven others, registered under FIR number 117/2020. Zeeshan’s same complaint was also included with 16 others in a separate case, filed under 109/2020.

The court had discharged three people in that case on September 2.

“On September 2, this court had discharged the accused persons in FIR No.109/2020, PS Dayalpur. In the said case, one of the complaints tagged along with the main complaint was of Zeeshan’s. The matter was investigated...as well and charge sheet in the matter was filed. The said matter now stands disposed of…

“In this case (117/2020), FIR was registered on the very same complaint by Zeeshan. The matter was again investigated and charge sheet filed. The learned special public prosecutor was asked a specific question as to how the present charge sheet is sustainable,” said justice Vinod Yadav said.

The question of law here, essentially, becomes of how the proceedings against the accused in the second case can continue when they have been discharged in the first one, for the same sections of the crime in the same jurisdiction, justice Yadav said.

Special public prosecutor (SPP) DK Bhatia sought time to take instructions, following which the matter was posted to September 9 for further hearing.

On September 2, the court while dropping all charges against Shah Alam (26), Rashid Saifi (23) and Shadab (26), had come down heavily on the police for their failure to conduct a proper investigation in the north-east Delhi riots.

In another riots case, the judge had asked the prosecution if it was permissible under law to club complaints pertaining to two incidents on two different dates under one FIR.

The case filed under FIR 117/2020 involves suspended municipal councillor Tahir Hussain.