![\"CJP](\"https:\/\/static.toiimg.com\/thumb\/msid-132748023,imgsize-4290979,width-400,height-225,resizemode-75\/dam_dl_pbshrsejjpg.jpg\" "\\"File")
<\/div>\n<\/div>\n<\/div>\n<\/section>\n<\/div><\/div>\n<\/div>\nNew Delhi: <\/span>Delhi govt\u2019s amnesty from prosecution for those booked and arrested in connection with the recent protests is in line with Centre\u2019s promise to CJP.But it carries an important caveat, citing Supreme Court<\/a>\u2019s recent directions.Earlier this week, the apex court restrained states, including Delhi, from taking any coercive action against protesters in the recent student-led agitation and directed them to release those under 18, unless they have criminal antecedents.While an explanation of what constitutes \u201ccriminal antecedents\u201d is not specifically mentioned in law, over the course of time and by interpretation, the courts have usually held it to be the pendency of a criminal case against a person.Sunil Gupta, former legal adviser at Tihar jail, cited the Identification of Prisoner\u2019s Act to explain that anyone facing an FIR, unless discharged or acquitted in the matter, will be viewed as having a criminal past.\u201cUsually, those booked previously under what we call heinous offences, such as murder, dacoity, robbery, sexual crimes or NDPS cases are seen as having a proclivity to commit crime again. If an accused has been acquitted or discharged, govt doesn\u2019t see them as having criminal antecedents. Also, if an appeal is pending and there\u2019s no stay on acquittal or discharge by a higher court, it will be seen as clean antecedent,\u201d Gupta elaborated.In effect, each FIR will now be examined by a \u201cscreening committee\u201d of Delhi govt that deals with withdrawal of prosecution and usually comprises senior officers from home and law departments, besides the director (prosecution) and a special commissioner of police as members.\u201cThe panel will sift through the cases and role of the accused. If any of them is found to have previous involvement in any serious crime, he will be prosecuted in the matter,\u201d a govt source said, adding that the screening process will now start, before the concerned public prosecutor moves court seeking its nod to end the case.According to BNSS, an FIR cannot be cancelled or withdrawn only by a police station, but requires the prosecutor in charge of the case to file an application in court seeking its permission to withdraw prosecution, on instructions from govt.Senior advocate Rajat Kumar flagged the lack of clarity \u201con whether only convictions will be counted as criminal antecedents\u201d and pointed out that \u201cany pending case, including an FIR registered even 10 years ago, could be treated as a criminal antecedent. Of the 13 FIRs registered so far, the authorities will prepare a list of people, and if you have a case against you, this order won\u2019t protect you. As a result, people may have to seek anticipatory bail or regular bail.\u201dAdvocate Shivangi Sharma concurred. \u201cUnder this notification, criminal antecedents include any FIR, preventive order, ongoing trial or previous conviction. This covers matters ranging from something as minor as proceedings under Section 144<\/a> to more serious offences like hate speech,\u201d she told TOI<\/span>.<\/div>\n