A division bench of the Delhi High Court on Monday recused itself from listening to the habeas corpus plea of Gulfisha Fathima, one of many accused within the case of alleged “larger conspiracy” of the Northeast Delhi riots, observing that her lawyer Mahmood Pracha” Heckling”. “During the proceedings.
A division bench of Justice Siddharth Mridul and Justice Anoop Jairam Bhambhani additional noticed that Pracha was in search of to placed on document information which aren’t within the habeas corpus petition.
Adjourning the matter for additional proceedings on Friday, the court docket stated, “In view of the foregoing, we are left with no option but to list the matter before another bench.”
The court docket, in the course of the first listening to, additionally stated that it refuses to be addressed by an individual who doesn’t even know the fundamentals of regulation. “You are not addressing a rally. You are addressing a court,” the bench stated.
Fatima was arrested on this case on April 9 and is presently in judicial custody. He has claimed by means of his counsel that his custody in judicial custody is “illegal and void” and questioned the validity of the trial court docket’s order extending judicial remand final yr.
The court docket on Monday questioned the listening to of the habeas corpus petition and noticed that Fatima’s brother Aqeel Hussain had filed the same petition in 2020 which was dismissed by one other division bench. An SLP was subsequently withdrawn in opposition to the order of the Bench.
“You cannot file a habeas corpus every time,” the court docket stated, including that the remand order may be challenged in a correctly initiated proceedings.
During the listening to, Pracha additionally stated that there isn’t a remand order. Seeking clarification, the court docket requested when the remand order was handed. Pracha replied, “I don’t know, nobody told me.”
However, the court docket requested him whether or not Pracha had argued that the court docket might document her assertion.
When an apparently determined court docket requested, “What’s going on here?” Pracha continued, “Habe corpus, Milord.”
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With inputs from TheIndianEXPRESS
