Delhi HC dismisses ex-Cong councillor Ishrat Jahan's plea in UAPA case
Jul 31, 2020
New Delhi [India], July 31 : Delhi High Court on Friday dismissed the plea of former Congress councillor Ishrat Jahan challenging a trial court order that granted an extension of 60 days' time for filing a charge sheet against her in a case related to northeast Delhi violence. The court finds no merit in the petition, it said.
A bench of Justice Suresh Kumar Kait while passing the order stated, "I am of the view that Public Prosecutor had moved an application, for extension of time to file a charge sheet, after going through the whole matrix of the case and after satisfying himself as per the law as enumerated in the second limb of Section 43(D)(2)(b) of the Unlawful Activities (Prevention) Act, 1967. Learned Judge also after going through the facts and circumstances and mandate of provisions of the law of the Act mentioned above and after recording his satisfaction had passed the impugned order. Therefore, I am of the view that there is no illegality or perversity in the said order."
Representing police, Delhi Government's senior standing counsel Rahul Mehra had earlier told the court that the investigators have enough material evidence to show that the extension given by the court was lawfully correct.
Delhi Police, in the status report, submitted that the reasons for extension only means there was good and sufficient cause for the same and added that it is intended to check a casual or off-hand approach in seeking the extension.
A bare look at the record suggests that the requisite conditions are sufficiently and satisfactorily attracted and there is a concrete and definite reason for the extension, the police said and added that the petitioner fails to demonstrate how the stated reasons did not meet the test.
Jahan, through advocates Lalit Valecha and Manu Sharma, approached the High Court seeking to set aside the trial court order dated June 15 which has granted an extension of 60 days to the police to file a charge sheet in the matter.
Jahan, in her plea, said that the order is erroneous, bad in law, and wrong on facts and the same is based on surmises and conjectures and dehorns the settled principle of law.
"The same is against the democratic and fundamental rights guaranteed by the Constitution of India. And the order deserves to be set aside on this ground alone. Speedy and fair investigation are fundamental tenets of the criminal justice system," the plea said.
It said that the application filed by Delhi Police is an abuse of the legal process as the same fails to make out any legal or factual basis that justifies the extension of time.
The petition also raised questions over the addition of serious sections against Jahan as she has been falsely implicated in the matter and she was only a supporter of the ongoing peaceful protest.
According to the FIR and investigation agency, Jahan was allegedly trying to incite people during the violence that took place in northeast Delhi in February this year by giving out provocative speeches during the protests against the Citizen Amendment Act (CAA).
