"Can't Decide Validity Of Remand Order In Habeas Corpus Plea": Delhi High Court Dismisses Riot Accused Gulfisha Fatima's Plea For Release

The Delhi High Court on Friday dismissed the plea filed by Delhi riots accused Gulfisha Fatima seeking her release after observing that the Court cannot decide the validity of a remand order in a habeas corpus petition.

A division bench comprising of Justice Vipin Sanghi and Justice Jasmeet Singh dismissed the plea after hearing Advocate Jatin Bhatt and Additional Standing Counsel Amit Mahajan appearing for the State.

"This petition is completely misplaced and not maintainable." The Court said while dismissing the habeas corpus petition.

"The facts will show that the petitioner is in judicial custody and detention, therefore, cannot be termed as illegal." It said further.

Gulfisha had sought her release in an Unlawful Activities (Prevention) Act (UAPA) case, relating to the alleged larger conspiracy that led to the North-East Delhi riots in February last year.

During the course of hearing, Advocate Jatin Bhatt appearing for Gulfisha submitted that the prosecution should place on record the remand order extending her custody as they don't 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" Bhatt argued.

Mahajan appearing for the State on the other hand argued before the Court that the habeas corpus plea raised similar grounds which have already been adjudicated by the Court in the petition earlier filed by Gulfisha's brother.

Accused in a case related to communal violence, Fatima was arrested in the case on April 11 and is currently under judicial custody. She had claimed that her detention in judicial custody is "illegal and invalid."

Opposing the plea, the police had earlier argued that the habeas corpus petition filed by Fatima is not only not maintainable, but it is a "blatant abuse of the process of law and deserves to be dismissed with cost."

Replying to the allegation by Fatima that the detention is illegal and invalid, the police had replied that the chargesheet was filed in the case on Sep 16 last year in the trial court and cognizance was taken on it the next day. It was also stated that Fatima was only put in judicial custody pursuant to the trial court's order, and therefore her detention in judicial custody "is legal and valid."

It was also their case that Fatima had raised the same grounds which the High Court has already previously adjudicated upon in a habeas corpus petition filed by her brother. The grounds being the same, the police argued that the petition is barred by principles res judicata, constructive res judicata and issue estoppel, apart from being conceived with an attempt to mislead the Court.