Updated: July 9, 2021 5:57:23 pm
DELHI High Court on Friday dismissed the habeas corpus plea of Gulfisha Fatima, one of the accused in the Delhi Police case alleging “larger conspiracy” behind Northeast Delhi riots.
The division bench of Justice Vipin Sanghi and Jasmeet Singh said that Fatima was in a judicial custody and the detention cannot be termed illegal. “It is well settled that writ of habeas corpus would not lie in respect of person who is in judicial custody,” said the court.
Fatima was arrested in the case on April 09 in 2020 and is currently under judicial custody. She through her counsel in the petition contended that her detention in judicial custody is “illegal and invalid” and questioned the validity of the order passed last year by a lower court extending her judicial remand.
Questioning the maintainability of the plea, the court said that if Fatima has any grievance against the order passed by the lower court, she can avail the further judicial remedy. The court said the order can be challenged in an appropriate judicial proceeding before an appropriate forum.
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