The Delhi High Court has reserved its order on a petition filed by a man seeking the release of his sister, who was arrested in connection with a protest during the violence in North-East Delhi in February.
A division bench of Justice Vipin Sanghi and Justice Rajnish Bhatnagar reserved its order on Friday after hearing the arguments from the Delhi government, police and petitioners.
The court was hearing a petition, filed by Aqil Hussain, through advocate Mehmood Pracha, which said that the sister of the petitioner was arrested by police from Jafrabad on April 9, after which the family was contacted by various persons claiming to be Delhi Police Special Cell officials.
Initially, no details on the charges and the FIR against Gulfisha, the sister of the petitioner, were provided and the only contact between the family and the detainee was through phone calls facilitated by the officials in whose custody she was, the plea said.
She was granted bail by the sessions court in the first FIR on May 13, but she was later detained in another FIR and has not been released, it added.
The petition said that Gulfisha has been confined in custody in another FIR even though the special courts constituted under the National Investigation Agency Act, were empowered to extend the judicial custody of persons charged under any provisions of the UAPA.
The plea further said that due to the invocation of charges under the UAPA against his sister, it is only a special court constituted and empowered under the National Investigation Agency Act, which can extend her custody.
The special courts have not been functioning due to the suspension of normal court work during the lockdown period and risks associated with COVID-19 pandemic. Consequently, the custody of the sister of the petitioner is without authority of law and illegal, the plea said.
Hussain, in his plea, also sought directions to produce his sister in the court.
( With inputs from ANI )