The Delhi High Court on Friday, 9 July, dismissed a habeas corpus plea of 28-year-old Gulfisha Fatima, a Unlawful Activities (Prevention) Act (UAPA) accused in the investigation for the northeast Delhi riots.
The Bench of Justice Vipin Sanghi and Jasmeet Singh stated that Fatima’s detention cannot be termed illegal and that the “petition is completely misplaced and not maintainable”, reported LiveLaw India.
“It is well settled that writ of habeas corpus would not lie in respect of person who is in judicial custody,” said the Bench.
Fatima was arrested for her involvement in the Jaffrabad and Seelampur protests against the Citizenship (Amendment) Act (CAA) and National Register of Citizens (NRC) on 11 April 2020.
Representing Fatima, Advocate Jatin Bhatt states that the prosecution should place on record the remand order, extending her custody since the defence does not have a copy of the same.
"She continues to be in illegal custody...the remand order was passed by a sessions judge, which is illegal," reported LiveLaw India, quoting Bhatt.
Fatima in November 2020 was granted bail under Section 439 of the Code of Criminal Procedure, on the grounds that the accused furnish a personal bond in the sum of Rs 30,000.
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