Lawstreet Journal

"Right of a Person in Detention to Consult Lawyer of His Choice is a Constitutional Right ,State Can't Dilute it": Delhi HC Grants Relief to Shifa Ur Rehman [READ JUDGMENT]

Lawstreet Journal 14 May 2021 10:56pm

Image courtesy: Lawstreet Journal Judiciary "Right of a Person in Detention to Consult Lawyer of His Choice is a Constitutional Right ,State Can't Dilute it": Delhi HC Grants Relief to Shifa Ur Rehman [READ JUDGMENT]

The Delhi High Court last week granted relief to Shifa Ur Rehman, President of the Jamia Milia Islamia Alumni Association, who was arrested under UAPA in connection with the Delhi Riots that erupted in the national capital last year, stating that it is a fundamental right of a person in custody to consult with the lawyer of his choosing, which cannot be diluted by the State.

Shifa Ur Rehman was represented by Advocates Abhishek Singh, Amit Bhalla and Shreshtha Arya.

A single judge bench comprising of Justice Vibhu Bakhru observed thus:

"This Court is unable to accept that in such cases, it is permissible to not comply with the principles of natural justice on the ground that even if same were complied with, it would serve no useful purpose. The right of a person in detention to consult a legal practitioner of his choice is a right guaranteed by the Constitution of India and it is not open for the State to dilute this constitutional on the ground that no purpose would have been served even if such consultation is permitted."

The observation came after Rehman appealed a Sessions Court order dated August 13, 2020, which allowed the prosecution's application under section 43D of the UAPA and extended his investigation and detention until September 17, 2020. Rehman alleged that he was denied a sufficient opportunity to challenge the application for an extension of time to complete the investigation because he was denied access to legal counsel and that, despite instructions from the courts, he… Continue Reading...


Tagged: Delhi Riots  
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