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Sunday, August 09, 2020

UAPA: Delhi HC dismisses ex-councillor’s plea

Justice Suresh Kumar Kait said there is no illegality or perversity in the trial court's order. “Finding no merit in the present petition, the same is accordingly dismissed,” the High Court said.

By: Express News Service | New Delhi | Published: August 1, 2020 3:19:15 am
Delhi HC, UAPA, Northeast Delhi riots, Ishrat Jahan, Delhi news, Indian express news The Delhi Police had opposed the plea saying that the HC should not intervene in the matter as far as the order of the Additional Sessions Judge, extending the time to probe the case, is concerned as there was no infirmity in it. (Representationl)

The Delhi High Court Friday dismissed a plea by former Congress municipal councillor Ishrat Jahan, booked under the stringent UAPA in connection with the Northeast Delhi riots, challenging an order that extended by 60 days the time for completing the investigation.

Justice Suresh Kumar Kait said there is no illegality or perversity in the trial court’s order. “Finding no merit in the present petition, the same is accordingly dismissed,” the High Court said.

Jahan, who was arrested on February 26, has challenged the trial court’s June 15 order extending, beyond the 90 days mandated under UAPA, the time for completing the investigation by two more months.

The Delhi Police had opposed the plea saying that the HC should not intervene in the matter as far as the order of the Additional Sessions Judge, extending the time to probe the case, is concerned as there was no infirmity in it. The HC said the trial court judge had passed the June 15 order after going through the mandate of the provisions of the law and recording his satisfaction.

“…Therefore, I am of the view that there is no illegality or perversity in the said order,” it said.

Jahan had sought setting aside the trial court’s order, saying it was “erroneous, bad in law and wrong on facts” and against the democratic and fundamental rights guaranteed by the Constitution.

Her counsel had contended that the prosecutor had not applied his mind while filing the application in the trial court.

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