Anshika Tiwari-
On Friday, the High Court of Delhi dismissed the plea filed by the accused of the Delhi Riots, Gulfisha Fatima. In her petition, she had sought her release in connection with the Unlawful Activities (Prevention) Act (UAPA) case.
The said case was related to the alleged larger conspiracy that led to the North-East Delhi riots in February last year.
Accused Fatima was arrested in a case related to communal violence on April 11 and is currently under judicial custody. She had claimed that her detention in judicial custody is “illegal and invalid.”
The plea was opposed by the police arguing that her habeas corpus petition is not only not maintainable, but it is a blatant abuse of the process of law and deserves to be dismissed with cost.
In response to her allegation of detention being ‘illegal and invalid’ the police had replied that the chargesheet was filed in the case on September 16 last year in the Trial Court and cognizance was taken on it the next day.
It was also stated that she was put in judicial custody as a consequence of the Trial Court’s order, and therefore her detention in judicial custody “is legal and valid.”
Dismissing the petition, a division bench comprising of Justice Vipin Sanghi and Justice Jasmeet Singh said that the Court cannot adjudicate upon the validity of a remand order in a habeas corpus petition.
Advocate Jatin Bhatt appeared for the accused and Additional Standing Counsel Amit Mahajan appeared for the State.
During the course of the hearing, Advocate Jatin Bhatt submitted that the prosecution should place on record the remand order extending her custody as they don’t have a copy of the same.
The counsel for the State on the contrary argued before the Court that a habeas corpus plea was already raised on similar grounds which have been adjudicated by the Court in the petition earlier filed by Gulfisha’s brother.
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