The Delhi High Court on Friday dismissed scholar activist Gulfisha Fatima’s declare of unlawful detention in connection to the northeast Delhi riots, saying it was “completely misplaced” and “not maintainable”.

A bench of Justices Vipin Sanghi and Jasmeet Singh mentioned the writ of habeas corpus doesn’t apply in respect of an individual who’s in judicial custody. A habeas corpus petition is filed looking for course to provide an individual who’s lacking or illegally detained.

“The facts will show that the petitioner is in judicial custody and detention, therefore, cannot be termed as illegal,” the bench mentioned.

It additional mentioned if Fatima is aggrieved by courtroom orders handed in judicial proceedings earlier than the trial courtroom, she will be able to problem them earlier than the suitable discussion board in correct proceedings.

“This petition is completely misplaced and not maintainable. Same is accordingly dismissed,” the bench mentioned.

Fatima was arrested on April 11 final yr and is at the moment below judicial custody. Besides this case, she can be accused in three different riots associated circumstances.

In the habeas corpus petition, Fatima, by means of her sibling, claimed that her custody in an Unlawful Activities (Prevention) Act (UAPA) case referring to the alleged bigger conspiracy that led to the northeast Delhi riots final yr was unlawful, and that she ought to thus be launched.

During the listening to, the bench requested advocate Jatin Bhatt, representing Fatima, whether or not he was keen to withdraw the plea because it was of the view that the writ of habeas corpus was not maintainable on this case. To this, the counsel mentioned his directions have been to not withdraw.

Advocate Amit Mahajan, representing Delhi Police, mentioned the habeas corpus petition filed by Fatima was not maintainable and that it deserves to be dismissed with value as it’s nothing however a blatant abuse of the method of regulation.

He additionally informed the courtroom {that a} habeas corpus petition by Fatima’s brother looking for the identical reduction was dismissed by the excessive courtroom final yr.

On July 5, one other bench of the excessive courtroom refused to listen to the matter after taking robust exception to Fatima’s advocate Mehmood Pracha, for taking recourse to “heckling” and putting reliance on info that weren’t on report.

Communal clashes had damaged out in northeast Delhi on February 24, 2020, leaving at the least 53 individuals useless and over 700 injured.


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