Lawstreet Journal

High Court Quashes FIR Against Foreign Nationals Residing in Markaz

Lawstreet Journal 30 Sep 2020 3:02am

Image courtesy: Lawstreet Journal Judiciary High Court Quashes FIR Against Foreign Nationals Residing in Markaz

Recently, the Bombay High court quashed a FIR against the Myanmar nationals and stated that “allowing the prosecution to continue would be nothing but an abuse of the process of the Court.” after the court found lacking grounds for the charges framed.

The applicants who were foreign nationals were from Myanmar and were on a visit to India in March for attending religious seminars. They were on a tourist visa and traveled from Delhi to Nagpur. They were provided their schedule of activities to the local police station in Nagpur. The foreign nationals were shifted to Markaz center under police jurisdiction since the Janta curfew was declared and they were also taken to the hospital for their COVID-19 test. Their test results came negative and after that, they were informed about the FIR which was filed against them for various offences under the IPC, Foreigners Act, Epidemic Diseases Act, and the Disaster Management Act, and this led to an application in the High Court.

The counsel of the applicant argued that the foreign nationals were under police monitoring the whole time and this leaves no scope for disobedience of any government order. Also, since the Covid-19 test result of these foreign nationals was negative, there was no question that they could spread this infectious disease. He further mentions the fact that his clients were well under their rights attending religious ceremonies as it is allowed on a tourist visa, therefore stating that the foreign nationals were not in contravention of any of… Continue Reading...

Tagged: Nizamuddin  
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