Friday, June 9, 2023

Delhi HC Issues Notice On Plea Claiming Detention Under UAPA Is Illegal Due To Non-Functioning Of NIA Courts

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The Delhi High Court on Wednesday has issued notice to Central Government & the Government of NCT of Delhi on petition filed alleging illegal detention under Unlawful Activities Prevention Act, 1967, due to non-functioning of NIA Courts amid lockdown.

The Division bench of Justice Vipin Sanghi and Justice Rajnish Bhatnagar heard the matter and issued notice, whereby the Amit Mahajan, Standing Counsel for Central Govt. and Rahul Mehra, Standing Counsel for GNCTD accepted the notice.

“It appears that there is lack of clarity as to who should represent the respondents. In any event, we permit both Mr. Mahajan and Mr. Mehra to file their respective replies, which should be filed positively within one week. On the next date, we shall, apart from dealing with the merits of the case, also call upon Mr. Mahajan and Mr. Mehra to address their submissions with regard to their respective authority to represent the respondents in the matter”, said by the court.

It was mentioned by the petitioner that due to non-functioning of NIA Special courts amid lockdown in the nation, the custody of Petitioner’s sister is illegal, as she was arrested by the local police of Jafrabad under the offences mentioned in UAPA. 

Upon producing bail application before the magistrate, the concerned magistrate rejected the same by saying that charges are under UAPA, thereafter the accused moved to the Sessions court challenging the order of Magistrate.

Session’s court granted bail on the first FIR but she was not released from the prison because of another FIR in which charges were of UAPA. The petitioner contended that under the NIA act, only the Special courts can extend the petitioner’s sister custody.

Therefore, the petitioner moved to the Delhi Court seeking directions to the GNCDT and Delhi Commissioner to produce the accused before the Court and also sought explanations on her continued detention which is illegal.

The matter would now be heard on May 29.

Read the order here;


-India Legal Bureau

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