Delhi violence: HC dismisses accused's plea against trial court order granting more time for probe
Sep 08, 2020
New Delhi [India], September 8 : The Delhi High Court in Tuesday dismissed the plea filed by Khalid, an accused in the northeast Delhi violence case, challenging a trial court order which granted more time to the investigating agency to conclude its probe in the case.
A single-judge bench of Justice Vibhu Bakhru, while rejecting the plea, said that the trial court order cannot be faulted on the ground that the petitioner was not afforded adequate opportunity to be heard.
"The requirements of providing the petitioner a notice as well as an opportunity to be heard in opposition of the application for extension of time for completion of the investigation were complied with by the learned Court. A report indicating the progress of investigation including specific reasons for detaining the accused beyond the specified period was furnished. The trial court had perused the same as well as examined the case diaries and had recorded its satisfaction in this regard," the bench said.
Khalid, in his plea, sought directions from the High Court to set aside the trial court order dated August 13 extending the time for completing investigation till September 17. The plea has also sough to issue consequential directions to be released on bail in terms of Section 167(2) of the Code of Criminal Procedure, 1973 in the matter.
Additional Solicitor General Aman Lekhi, appearing for Delhi Police, contended that in the facts of the present case, the petitioner and other accused were provided full opportunity to be heard to oppose the application for extending the time for completion of the investigation.
The petitioner also contended that the order violates the principles of natural justice as the petitioner was neither provided a copy of the application, which was allowed by virtue of the impugned order, nor afforded a meaningful opportunity to be heard in opposition.
Khalid was arrested in the present case on March 21 and thereafter, he is under custody. On April 19, the investigating agency invoked Sections 13, 16, 17, and 18 of the Unlawful Activities (Prevention) Act, 1967 in the case.
On August 13, the trial court allowed the application of the investigating agency seeking extension of the time period to conclude the investigation under Section 43D(2)(b) of the UAPA, and extend the time period by 30 days, till September 17.
Beside Khalid, other accused in the case are Ishrat Jahan, Tahir Hussain, Gufisha Fatima, Meeran Haider, Natasha Narwal, Devangana Kalita, Asif Iqbal Tanha, and Shafa ur Rehman are among others arrested in the case and are currently undergoing judicial custody.
