Delhi violence: Police opposes in HC Ishrat Jahan's plea challenging trial court order
Jul 06, 2020
New Delhi [India], July 6 : Delhi Police on Monday strongly opposed a plea filed by former Congress councillor Ishrat Jahan in the Delhi High Court 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 Special Cell of Delhi Police filed a status report in Delhi High Court and sought the dismissal of the petition with a cost. The matter is scheduled to be heard on Tuesday.
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, adding that the petitioner fails to demonstrate how the stated reasons did not meet the test.
Delhi High Court had earlier directed the police to file a status report on the plea.
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 on the last date of hearing issued notices and also permitted the petitioner's counsel to file several other documents related to the case.
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.
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).
