The single bench of Justice Anup Jairam Bhambhani gave its assent to Delhi Police to go to Kolkata to investigate the matter against foreign nationals struck in Kolkata.
Crime Branch of Delhi Police had issued notices under Section 41A of the Code of Criminal Procedure against the foreign nationals of Tablighi Jamaat.
Against the notices issued by Crime Branch of Delhi Police, 59 foreign nationals of Bangladesh, Thailand and Indonesia have filed criminal writ petition pleading before the court to quash the notices issued by the Crime Branch Cell of Delhi Police.
The foreign nationals disputed are accused of offenses under Sections 51/58 (1) of the Disaster Management Act, Section 3 of the Epidemic Diseases Act, Section 14 (1) (b) of the Foreigners Act if read with Sections 120B/188/269/270/271/304/308/336.
Mr. Musharraf Ali Khan, the advocate appearing for the petitioners contended that foreign nationals are totally agreeing to cooperate in the investigation and unfortunately they are struck in Kolkata due to lockdown. He also contended that officers from Delhi Police coming for the investigation will not be allowed for custodial interrogation and petitioners therefore should not be arrested. The court will further take the matter on August 24.