Delhi HC seeks response from police on Ishrat Jahan's plea

The Delhi High Court has asked the Delhi Police to file its response on the petition filed by former Congress councillor Ishrat Jahan challenging a trial court order that granted an extension of 60 days to the Crime Branch for filing a charge sheet in the case against her in connection with the riots that broke out in the national capital in February this year.

A single judge bench of Justice Suresh Kumar while issuing notice to the police, granted permission to the petitioner to file additional documents and has now posted the matter for further hearing on July 7.

Jahan through her counsel advocate Manu Sharma and advocate Arjun has knocked at the doors of the high court against the June 15 order of the trial court by which it had given an extension of two months to the Crime Branch to file a charge sheet in the case against her.

"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.

The plea also said that the order is based on surmises and conjectures and dehorns the settled principle of law. Jahan told the court that the order is "erroneous, bad in law and wrong on facts."

"It is pertinent to mention that none of the reasons for seeking extension of time for filing charge sheet or extension of detention for petitioner/accused Ishrat Jahan were meaningful or sufficient to satisfy the grant of extension of the same further failing onto the second limb of section 43(D)(2)(b) of UAPA which speaks about specific reasons that are to be stated for extension of the detention," the petition read.

"The report filed by the prosecution falls short of legislative necessity which has been satisfied in the said provision. It is a settled principal of law that general investigative procedures cannot be a ground for seeking extension of remand," it added.

Meanwhile, the trial court on June 19 refused to grant an extension of interim bail to the former Congress municipal councillor, who is booked under the stringent Unlawful Activities (Prevention) Act in connection with the Delhi violence case.

Jahan had moved the court seeking an extension of the 10-day interim bail period. On May 30, she was granted interim bail to get married on June 12. Her interim bail ended on Friday.

After dismissing her bail plea, Additional Sessions Judge Dharmendra Rana directed her to surrender in the jail "today itself".

"The Jail Superintendent is directed to ensure adequate medical care to the accused and shall also follow all necessary protocols required in this regard," the court said.

In the bail application, Ishrat Jahan contended that her husband had come in contact with a Covid-19 positive relative and developed Covid-19 symptoms and has been advised by doctors to undergo a test.

The plea said that she also developed symptoms of Covid-19 and has been advised to remain in seven-days home isolation before testing could be done.