NEW DELHI: The Delhi Police Wednesday opposed in the Delhi high court a plea by student activist Gulfisha Fatima, accused in a case related to communal violence in north east Delhi last year, claiming that her detention in judicial custody was illegal and invalid.
The court was hearing a plea by Fatima seeking for a direction to release her in a Unlawful Activities (Prevention) Act (UAPA) case relating to alleged larger conspiracy that led to the north east Delhi riots in February last year.
The response filed by advocates Amit Mahajan and Rajat Nair, representing the Delhi Police, claimed that the plea filed by the woman was false, frivolous and vexatious and also abuse and misuse of the process of law.
Asserting that the petition is not maintainable, the police reply stated that on September 16, 2020, the charge sheet was filed before the trial court against Fatima and other accused and cognisance was taken the next day and the woman is in judicial custody pursuant to the trial court’s order, therefore, her detention in judicial custody is legal and valid.
It said that a perusal of petition would reveal that on one hand Fatima is contending that the detention is illegal and on the other hand, she has made a prayer for her release on personal bond and conditions for securing her attendance.
“It is most humbly submitted that the courts have time and again observed that if clever drafting has created the illusion of a cause of action, nip it in the bud at the first hearing,” the reply said.