Delhi High Court had issued notice in a plea challenging the order dated 15/06/20 passed by ASJ Dharmender Rana wherein the police was granted an extension of 60 days to complete investigation in cases pertaining to Delhi riots.
The notice has been issued to the Delhi Government as well as the Delhi Police by the Single Bench of Justice Suresh Kumar Kait.
Filed by Congress Counselor Ishrat Jahan, who herself is an accused in cases pertaining to Delhi riots, the petition argues that the said order is erroneous, bad in law, and is based on conjectures and surmises that go against the settled principles of law.
While citing it as a violation of her fundamental right, the Petitioner has argued that the said order has been passed by the trial court to subvert and defeat the right of the Petitioner to seek regular bail.
It is further submitted that the Investigating Officer has satisfied none of the conditions enshrined under section 43(D)2(b) of the Unlawful Activities Prevention Act in order to seek extension for investigation.
The Petitioner has also submitted that the said order of the trial court has not taken into consideration the fact that the investigation against her has already been completed and no specific reasons have been put forward by the police to seek extension for investigation against her.
'Merely the fact that the investigation is pending against the other accused, the same cannot be used as a reason to seek extension against her', the Petitioner has stated.
Along with multiple sections of the UAPA, the Petitioner is also accused of offences under sections 147, 148, 149, 120B, 124A, 302, 307, 353, 186, 212, 395, 427, 435, 436, 452, 454, 109, 114 of the Indian Penal Code, and sections 3 and 4 of the Prevention of Damage to Public Property Act.