In a recent legal development, a court has ordered the consolidation of FIRs in a multi-state legal case for fairness and consistency in the investigation process. This decision underscores the importance of maintaining legal integrity and ensuring that all parties involved are treated equitably under the law. Stay tuned for more updates on this significant development in the legal realm.
Analysis
- IFSO unit of Delhi Police handles FIRs/complaints where the petitioner is a co-accused.
- There cannot be two investigating agencies for the same FIRs/complaints involving different co-accused.
- The FIRs/complaints involving the petitioner as a co-accused should be transferred to IFSO unit of Delhi Police for consistency and fairness.
- Orders passed in the case of accused Nupur Sharma on 10.08.2022 state that subsequent FIRs/complaints about the Newshour Debate on Times Now on 26.05.2022 will be transferred to the IFSO unit of Delhi Police.
- Primary prayer of the writ petition can be pursued by approaching the Delhi High Court under Article 226 of the Constitution of India or Section 482 of the Criminal Procedure Code.
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Decision
- The petitioner has sought various reliefs in the present petition related to FIRs and complaints filed against them in different states
- Multiple FIRs have been filed against the petitioner in states like West Bengal, Maharashtra, and Jammu & Kashmir
- Two more FIRs have been filed against the petitioner in West Bengal and Maharashtra, which are not part of the current writ petition
- The petitioner, who was the anchor conducting a Newshour Debate on Times Now, seeks relief in relation to the FIRs and complaints filed against them
- There is a request for the transfer of FIRs similar to what was done in the case of another co-accused, Nupur Sharma
- The Solicitor General and counsel for various states do not dispute the transfer of FIRs/complaints related to the petitioner to the IFSO unit of Delhi Police
- Based on the order passed by the court in Nupur Sharma’s case, the present petition is disposed of with directions to transfer all FIRs/complaints to the IFSO unit of Delhi Police
- Specific FIRs are identified as lead cases for investigation, and a stay is placed on coercive actions against the petitioner for a specified period
- Any future FIRs related to the same incident are also to be transferred to the IFSO unit of Delhi Police
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Case Title: NAVIKA KUMAR Vs. UNION OF INDIA (2022 INSC 1017)
Case Number: W.P.(Crl.) No.-000286 / 2022
