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Wednesday, February 24, 2021

Custody extended mechanically, illegally: Umar Khalid to court

It also sought directions to police to intimate the counsel about the time, place and manner of all future remand proceedings for Khalid one day in advance.

By: Express News Service | New Delhi |
Updated: November 24, 2020 1:46:04 pm
Umar Khalid, umar khalid fir, umar khalid delhi riots, Delhi riots, Delhi riots arrests, UAPA, Delhi city news, delhi policeUmar Khalid was arrested in connection with the riots in Khajuri Khas on October 1, while he was in judicial custody in another case related to an alleged conspiracy in the violence.

Former JNU student leader Umar Khalid told a Delhi court Monday that his custody in a case related to the Northeast Delhi riots was extended “illegally” and “mechanically”. The submissions were made before Chief Metropolitan Magistrate Dinesh Kumar, who has put up the matter for further hearing on November 27.

Advocate Sanya Kumar, appearing for Khalid, alleged that since the beginning of his arrest in the case, his lawyers were not given copies of the remand applications and denied information about when and before which judge he would be produced. “Time and time again, remand was mechanically granted. Case diaries were not signed; we were not supplied a copy of the remand application,” she claimed.

The application, moved by advocates Trideep Pais and Kumar, sought directions to the investigating agency and jail authorities to provide a copy of the application seeking remand/extension of remand to Khalid’s counsel in advance.

It also sought directions to police to intimate the counsel about the time, place and manner of all future remand proceedings for Khalid one day in advance.

It requested the court to clarify that proceedings for remand or its extension cannot be carried out “mechanically” and that Khalid’s counsel be permitted to participate effectively, either physically or through video conferencing, in all such proceedings in the future.

Kumar also said they were told there was no material required for extension of judicial custody. “It is absolutely against settled principle. Umar Khalid’s custody was extended illegally and mechanically. This is a serious issue. The logistical difficulties due to Covid-19 pandemic cannot come in the way of the rights of an accused or their counsel,” she told the court.

Special Public Prosecutor Manoj Chaudhary, appearing for police, said that as per the CrPC, moving an application every 14 days for extension of judicial custody was not by law but by precedent.

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