HC seeks Delhi Police's reply on plea claiming woman's custody under UAPA as illegal

The Delhi High Court Wednesday sought response of Delhi Police on a plea claiming that the custody of a woman, arrested under the anti-terror law, is illegal as she has not been produced before a special judge for the extension of custody.

A bench of Justices Vipin Sanghi and Rajnish Bhatnagar issued notice to the authorities and asked them to file a status report and listed the matter for further hearing on May 29.

The police was represented through Delhi government standing counsel Rahul Mehra and advocate Chaitanya Gosain.

The court was hearing the plea filed by a man whose sister was arrested on April 9 for allegedly being involved in the anti-CAA and NRC protest at Jafrabad in northeast Delhi.

She was granted bail on May 13 but was not released from jail and the family learnt that another FIR has been lodged against her for alleged anti-national activity under the Unlawful Activities Prevention Act (UAPA) but she was not produced before the special judge as mandated under the NIA Act.

The petition, filed through advocate Mehmood Pracha, said the woman is charged under the UAPA Act and only a special court constituted and empowered under the National Investigation Agency (NIA) Act 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 contended.

The plea sought direction to the authorities to produce the woman before the high court and to satisfy the court that her custody was not illegal. It also sought her release from the jail.