Two persons, who are accused of conspiring to wage war against the country alongwith alleged Indian Mujahideen co-founder Yasin Bhatkal, today told a court here that that they cannot be prosecuted in two separate cases for the same offence.
The special cell of Delhi police had lodged an FIR against accused including Aftab Alam and Syed Maqbool in 2011 and a year after, the NIA registered the case for alleged offence of conspiring to wage war against the nation.
Taking the argument of double jeopardy, the counsel for Aftab and Maqbool told Additional Sessions Judge Rakesh Pandit that there are two FIRs based on same set of allegations and this is untenable in law.
"There are two separate charge sheets filed against the accused persons for the same allegations. While one has been filed by the special cell, the other is being probed by the NIA. Both the cases are based on the same allegations. In the case filed by the special cell of the Delhi police, the accused persons are already facing trial.
"The accused cannot be prosecuted twice for the same offences," the accused told the court while opposing framing of charges against them in the NIA case.
The accused persons, who are currently in judicial custody, also denied the allegations made against them by the NIA on the point of framing charges.
The court has now fixed the matter for further hearing on June 6.
The probe agency has filed the charge sheet against the accused persons under various sections of IPC, including 120-B (criminal conspiracy), 121 (waging war against the country), 121-A (conspiracy to wage war) and under various sections of the Unlawful Activities (Prevention) Act.
