Delhi violence: HC rejects ex-municipal councillor Ishrat Jahan’s plea in UAPA case

The plea had challenged a trial court's order extending time for completing the investigation by 60 more days

People leave their houses following clashes over the new citizenship law, in Shiv Vihar area of northeast Delhi. File.

The Delhi High Court on Friday rejected plea of former Congress municipal councillor Ishrat Jahan, arrested in connection with the north-east Delhi riots case, challenging a trial court's order extending time for completing the investigation by 60 more days.

Justice Suresh Kumar Kait said there was "no illegality or perversity" in the trial court's order while dismissing Ms. Jahan's plea. But said, "The Trial Court shall not get influenced by the observations made by this Court while passing the order".

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Ms. Jahan, who is also an advocate, said that the FIRs registered do not ascribe any "overt act" or specific role of violence to her, but the investigating agency has gone on to add sections under the stringent Unlawful Activities Prevention Act (UAPA) against her.

In her petition filed through advocate Lalit Valecha, she said the application of the public prosecutor seeking extension of time to complete the investigation was "an abuse of the legal process as the same fails to make out any legal or factual basis that justifies extension of time".

"This exercise is only to subvert and defeat the right of the petitioner to seek regular and statutory bail under the Cr.P.C.," advocate Valecha argued.

The Delhi Police's counsel opposed the plea contending that section 43D of the UAPA is a specific provision which prescribes for extended timelines for completion of investigation.

"The proviso of Section 43-D of the Act stipulates that if it is not possible to complete the investigation within the period of 90 days, the Court may if it is satisfied with the report of the Public Prosecutor indicating the progress of the investigation and the specific reasons for the detention of the accused beyond the said period of 90 days, extend the period upto 180 days," Delhi Police's counsel argued.

Ms. Jahan was arrested on March 21 in a case registered by the Crime Branch in relation to the riots in north-east Delhi. She was remanded to police custody till April 5. Thereafter, she has been remanded to judicial custody.

Subsequently, the case was transferred to Special Cell. During the course of investigation, the sections under UAPA were also invoked by the Special Cell in the case on April 19.