Delhi violence: HC seeks status report on Ishrat Jahan's plea challenging extension of time for chargesheet
Jun 24, 2020
New Delhi [India], June 24 : Delhi High Court on Wednesday directed police to file a status report on a petition, filed by former Congress councilor Ishrat Jahan, who is facing probe for her alleged role in the northeast Delhi violence, challenging a trial court order that granted an extension of 60 days time for filing charge sheet in the case against her.
Ishrat Jahan had, through advocates Lalit Valecha and Manu Sharma, moved 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.
A bench of Justice Suresh Kumar Kait, while issuing notice, also permitted the petitioner's counsel to file several other documents related to the case and slated the matter for further hearing on July 7.
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 Ishrat Jahan as she has been falsely implicated in the matter and she was only a supporter of the ongoing peaceful protest.
A trial court had recently refused to extend the interim bail granted to Ishrat Jahan for getting married. The court, while dismissing the interim bail extension application, observed that it can only be granted in exceptional circumstances.
Lawyers for Jahan had submitted that her husband came in contact with a COVID-19 relative and has been advised to undergo the test himself.
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).