New Delhi:
A Delhi court dismissed a plea filed by former Jawaharlal Nehru University (JNU) student leader Umar Khalid, who was arrested for his alleged role in the violence in northeast Delhi, seeking to meet members of his family while in police custody.
The judge of the additional sessions, Amitabh Rawat, said: “On the whole of the facts and circumstances of the case, I see no merit for the request and, therefore, the request is denied.”
The court noted that the accused’s lawyer made a specific request to allow the accused time to meet with his lawyer during police pre-trial detention and that the same was true for every day for 30 minutes throughout the duration of pre-trial detention.
“There was also a security apprehension raised by the lawyer for the accused and thus a specific instruction was also given to the Deputy Commissioner of Police (DCP) concerned to ensure the safety of the accused”, observed the court. .
Umar Khalid, who has been indicted under the Prevention of Unlawful Activities Act (UAPA) in the case, was remanded in police custody last week by a Karkardooma court in Delhi. His custody will end on September 24, when he will be brought before the court.
Umar Khalid’s lawyer said during the hearing that the police gave verbal assurances at the time of police pre-trial detention that his family would be allowed to meet during police pre-trial detention. , but that she was not allowed to meet with the accused.
He added that the custody was extremely long and therefore the accused should not be deprived of meeting his family or friends. The applicant is requested to be allowed to meet with his family for at least two days for a period of 30 minutes each day, the lawyer asked.
The lawyer had argued that the period of meeting with his family could be partially replaced by that of his reunion. It is further argued that there is no provision preventing the accused from meeting his family, he added.
Special Prosecutor Amit Prasad opposed the plea saying there was no provision in the Criminal Procedure Code (CrPC) to allow meetings with the family of the accused while in custody and added that the meeting with the lawyer had already been authorized.
Mr. Prasad argued that the present request cannot be granted because the accused is already meeting with his counsel and if the accused needs to convey a message to members of his family, he can pass it through his counsel.
Violence, which took place in the northeastern region of the national capital between groups supporting and opposing the law amending the citizenship law in February this year, resulted in the deaths of at least 53 people and injured hundreds more.