HYDERABAD: Legal experts are pointing to a potential instance of double jeopardy after both Telangana and Delhi police concurrently registered FIRs in the case of the doctored video of Union home minister Amit Shah talking about reservations. The Delhi police had landed in Hyderabad and issued notices to five Congress men, including CM A Revanth Reddy after the video was uploaded on Telangana Congress' X handle, sparking a major controversy.
The principle of double jeopardy is enshrined in Indian law, barring prosecution of an individual twice for the same crime after a legitimate acquittal or conviction.
This legal safeguard is detailed in Article 20(2) of the Constitution. The Hyderabad Cyber Crime branch was the first to register an FIR in the doctored video case on April 27 based on a BJP complaint. Congress social media team members were summoned for questioning on Thursday.
On April 28, the special cell of the Delhi Police lodged an FIR in the same case in response to a complaint by the Indian Cyber Crime Coordination Centre, part of the Union ministry of home affairs. Notices were issued to Congress leaders Shiva Kumar Ambala, Asma Tasleem, Satish Manne, and Naveen Manne apart from Revanth Reddy as witnesses.
The only difference between the two FIRs is the sections invoked. While the Hyderabad police booked the case under sections pertaining to forgery and public mischief, Delhi police invoked IPC sections related to promoting enmity between groups, forgery, and section 66 of the IT Act.
Advocate M Ramachandra Reddy, representing Revanth Reddy and other Congress leaders, told TOI that the Constitution protects against double jeopardy.
'First FIR stays, later one must be quashed' The first FIR stays and the latter one must be quashed," advocate M Ramachandra Reddy, representing Revanth Reddy and other Congress leaders said.
The FIR by Hyderabad police was based on a complaint by BJP state general secretary G Premender Reddy.
He accused the Telangana Congress of posting a manipulated video of Shah on its X account. Shah's original statement discussed cancelling Muslim reservations in Telangana if the BJP formed the govt and preserving SC/ST and OBC rights.
But the doctored videos suggested that all reservations would be scrapped.
The first FIR stays and the latter one must be quashed," advocate M Ramachandra Reddy, representing Revanth Reddy and other Congress leaders said.
The FIR by Hyderabad police was based on a complaint by BJP state general secretary G Premender Reddy.
He accused the Telangana Congress of posting a manipulated video of Shah on its X account. Shah's original statement discussed cancelling Muslim reservations in Telangana if the BJP formed the govt and preserving SC/ST and OBC rights.
But the doctored videos suggested that all reservations would be scrapped.