Northeast Delhi violence: HC adjourns hearing on habeas corpus plea of UAPA accused young student leader
New Delhi. Siyasat.net
New Delhi: The Delhi High Court adjourned hearing till July 15 on a habeas corpus petition filed by accused Gulfisha Fatima in connection with the northeast Delhi violence last year.
The Delhi High Court vacation bench deferred the hearing citing a large number of cases listed before it. In a counter-affidavit filed through advocates, Amit Mahajan and Rajat Nair, the special cell of Delhi Police had submitted that Fatima’s habeas corpus plea is not maintainable.
In her habeas corpus petition Fatima prayed for a direction for her release in connection with a larger conspiracy case relating to North East violence under stringent provisions of the Unlawful Activities Prevention Act (UAPA).
Delhi Police had submitted that on September 16, 2020, the charge-sheet was filed before the Trial Court against the petitioner Fatima and other co-accused. On September 17, the court had taken cognizance of the offences.
“The Petitioner is in judicial custody pursuant to the order passed by the Trial Court under Section 309 of the Code of Criminal Procedure, 1973. Therefore, detention of the Petitioner in judicial custody is legal and valid,” the police said.
Delhi Police further submitted that the present petition by the Fatima is false, frivolous and vexatious, abuse and misuse of the process of law. The petition has been filed on baseless, concocted, motivated and absurd facts and circumstances of the case and there is no cause of action in the present matter.
The petition is absolutely misconceived, unmerited and being devoid of the merits of the case, the police had submitted. Delhi Police had submitted that the present petition is nothing but blatant abuse of the process of law and therefore deserves to be dismissed with cost.
The affidavit submitted that the petitioner Fatima has filed the present petition re-agitating the same issues which have already been conclusively and finally decided against the petitioner by a detailed judgment of the division bench of the Delhi High Court vide order and judgment dated June 22, 2020.
In February last year, clashes broke out in the northeast area of Delhi between the groups supporting and opposing the Citizenship Amendment Act (CAA), which led to the deaths of at least 53 people.
Gulfisha Fatima, a young student and community educator from Seelampur, in North-East Delhi who has been falsely charged under the draconian UAPA law for defending constitutional values and peacefully resisting the anti-people CAA-NRC-NPR project.
Last year thousands took to Twitter to condemn #100DaysofInjustice and demand #FreeGulfisha – sharing pictures, posters, solidarity messages and memories of the exuberant Gulfisha, who exemplifies compassion, clarity and courage.
Her participation in the protests was inspired by the collective struggle of thousands of women, mostly Muslims, across the country and the world who countered the divisive CAA-NRC-NPR project by re-imagining democratic resistance as a collective, leaderless struggle that shatters farcical dominant narratives.
In past over 450+ individuals and about 40 organisations called for Gulfisha’s immediate release. “The incarceration of Gulfisha and all the other anti CAA-NRC-NPR protesters bears testimony to a callous State that miserably failed to dialogue with communities that constitutionally and democratically appealed to the government to reconsider its anti-people policies. The country is witness to a brazen one-sided ‘investigation’ into the targeted violence unleashed in North-East Delhi in late February 2020, by the Delhi Police and the Home Ministry, who are using this pandemic as a convenient excuse to criminalise, interrogate and imprison peaceful anti CAA-NRC-NPR protesters, of whom, many are Muslims. This spate of arrests, has sparked massive outrage from democratic voices across the country and the world, including the United Nations which has expressed grave concern at this ruthless stifling of ‘dissent’,they added
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