Delhi HC Reserves Order In Plea Which Claims That Due To Non Functioning Of NIA Courts, Continued Detention of Person Accused Under UAPA Is Illegal
4 years, 9 months ago

Delhi HC Reserves Order In Plea Which Claims That Due To Non Functioning Of NIA Courts, Continued Detention of Person Accused Under UAPA Is Illegal

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Delhi High Court has reserved order in a plea seeking release of an accused who, despite being granted bail for other charges, continues to be in custody for a charge under Unlawful Activities Prevention Act due to the non functioning of the NIA Special Courts. The petition claims that since 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, the continued custody of the accused is illegal and without authority of law. Due to the invocation of charges under the UAPA against his sister, the Petitioner submits, it is only a Special Court constituted and empowered under the National Investigation Agency Act which can extend her custody. Therefore, the Petitioner wants the court to issue a writ of habeas corpus against the Delhi Government and the Commissioner of Delhi Police, to produce the Petitioner's sister before this court as explain as to why she should not be released on bail, or why her continued detention is not illegal.

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