The Delhi court dismissed the application filed by student activist Gulfisha Khatoon, seeking statutory bail in a case related to the communal violence which took place in North-East Delhi. It may be noted that she had been arrested under the stringent Unlawful Activities Act. The court has also dismissed the applications of Saleem Khan and Tasleem Ahmed, arrested in the case under UAPA seeking statutory bail.
It was argued that since no report under section 173 Cr.P.C. has been filed by the police, therefore, the accused has the right to be released on bail under section 167 (2) Cr.P.C. upon the expiry of 90 days of custody. It was also prayed that accused may be granted statutory bail in the present case. During the course of arguments, the counsel for the accused referred to the Apex Court ruling in the case of Bikramjit Singh v. State of Punjab, Criminal Appeal to contend that the court does not have jurisdiction over the present case.
On the other hand, the special prosecutor submitted before the court that there is no merit in the present application in as much as this court has been authorized by the Hon’ble Court of Delhi to deal with the present case.
It was prayed that application be dismissed. It was also submitted that the judgment relied upon by the counsel for the accused had no relevance in the present facts, as in that case, the order of Sub-Divisional Magistrate for extension of the period of investigation was set aside in this case, it has been done by a competent court.
However, the court held that by virtue of the above orders, the undersigned was dealing with the present matter, and thus, it was ruled that the court is competent to deal with the present matter. Lastly, the court said, in view of the above discussion, there is no merit in the present application. Accordingly, the present application of accused Gulfisha Fatma under section 167 (2) Cr.P.C. stands dismissed.