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This is an archive article published on January 6, 2010

Experts question new FIR

Even as the Haryana Police on Tuesday slapped abetment to suicide charge on former DGP S P S Rathore,legal experts as...

Even as the Haryana Police on Tuesday slapped abetment to suicide charge on former DGP S P S Rathore,legal experts as well as the Law Ministry officials were united in their opinion that the FIR could yield nothing substantial.

How can it be done? The police should have known that the charge under Section 306 abetment to suicide was dropped against Rathore on the orders of the Punjab and Haryana High Court. Subsequently,the Supreme Court too upheld this order. The Haryana Police action of registering a fresh FIR against him for the same offence seems to be without any legal basis, said a senior Law Ministry official.

Senior Supreme Court lawyer K T S Tulsi also had the same view. This is a hasty reaction to the media coverage in the issue. But,I think this cant be done. Even Section 300 of the CrPC bars this. How can you try somebody for an offence in which he has been let off years ago by the highest court of the land? This is a piquant situation, Tulsi said.

Another lawyer,who didnt wish to be named,said the new FIR,the third within a week against Rathore,would raise question of Double Jeopardy,a defence that the law bestows on accused against being tried twice for the same crime on the same set of facts. Constitutional experts said Article 20 protects all accused from the above situation.

 

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