Delhi HC dismisses petition filed by accused Gulfisha Fatima
Jul 09, 2021
By Amiya Kumar Kushwaha
New Delhi [India], July 9 : Delhi High Court on Friday dismissed the habeas corpus petition filed by accused Gulfisha Fatima challenging her arrest in connection with a case relating to the north-east Delhi violence case.
A division bench of Justices Vipin Sanghi and Jasmeet Singh dismissed Gulfisha Fatima's petition seeking her release in connection with a larger conspiracy case relating to North East violence under stringent provisions of Unlawful Activities (Prevention) Act (UAPA).
The Court said that her plea was not maintainable.
The Court noted that her claim was completely misplaced and said that her detention can not be termed as illegal as facts show that the petitioner is in judicial custody.
Delhi Police has opposed the habeas corpus petition filed by accused Gulfisha Fatima saying that it is not maintainable.
In a counter-affidavit filed by the special cell of Delhi Police through advocates Amit Mahajan and Rajat Nair, the police had submitted that Fatima's habeas corpus is not maintainable.
Delhi Police has filed a reply on Fatima's habeas corpus petition praying for a direction for her release in connection with a larger conspiracy case relating to North East violence under stringent provisions of UAPA.
Police had submitted that on September 16, 2020, the charge-sheet was filed before the Trial Court against the Petitioner Fatima and other co-accused persons and a day after on September 17, the court had taken cognizance of the offences. "The Petitioner is in judicial custody pursuant to the order passed by the Trial Court under Section 309 of the Code of Criminal Procedure, 1973. Therefore, detention of the Petitioner in judicial custody is legal and valid," the police said.
Delhi police further submitted that the present petition preferred by Petitioner Fatima is false, frivolous and vexatious, abuse and misuse of the process of law. The petition has been filed on baseless, concocted, motivated and absurd facts and circumstances of the case and there is no cause of action in the present matter. The Petition is absolutely misconceived, unmerited and being devoid of the merits of the case, the police had submitted.
The police had submitted that the present petition is nothing but blatant abuse of the process of law and therefore deserves to be dismissed with cost. The affidavit submitted that the petitioner Fatima has filed the present petition re-agitating the same issues which have already been conclusively and finally decided against the petitioner by a detailed judgment of the division bench of the Delhi High Court vide order and judgment dated June 22, 2020.
