Delhi High Court on Wednesday asked Delhi government and police to file their response on a petition filed by a man seeking release of his sister, who was arrested for allegedly protesting in Northeast Delhi during the violence in February this year.
A division bench of Justices Vipin Sanghi and Rajnish Bhatnagar issued notices to Delhi government and Delhi Police asking them to file their reply and listed the matter for further hearing on May 29.
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 as to the charges and the FIR against the sister of the petitioner were provided, and 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 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, the sister of the petitioner, has been confined in custody in another FIR even though the special courts constituted under the National Investigation Agency Act, empowered to extend the judicial custody of persons charged under any provisions of the UAPA.
The plea added 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 functioning 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 )