New Delhi: Delhi's Karkardooma Court has deferred the hearing on the bail plea of former Congress councilor Ishrat Jahan, accused of conspiracy in the Delhi riots and jailed under UAPA. Additional Sessions Judge Amitabh Rawat ordered the next hearing September 9.
During the hearing Wednesday, advocate Parvez Haider, appearing for Ishrat Jahan, said that for the last five-six months they have been presenting their arguments and now Delhi Police is saying that the section under which the bail petition has been filed is not maintainable. He quoted some judgements on the matter of the maintainability of the petition and asked the court to decide the matter soon.
Advocate Amit Prasad, appearing for Delhi Police, said that the copy of the judgements quoted by Pervez Haider should also be made available to them. The court then ordered that a copy of these judgements should be sent to the court and Delhi Police through e-mail.
Also read:No interim bail for Ishrat Jahan in Delhi violence case
During a hearing August 26, Special Public Prosecutor Amit Prasad had said that the petition filed under Section 439 of the Code of Criminal Procedure is not maintainable. In this case, a petition under Section 437 should have been filed. Amit Prasad, referring to the decision of the Gauhati High Court and the Supreme Court in Watali's case, said that the petition filed under Section 439 should be withdrawn.
Amit Prasad's argument was opposed by Ishrat Jahan's lawyer Pradeep Teotia, who said that the court has already heard under Section 439. Then Amit Prasad had said that this petition was not maintainable as it would be abuse of law. Teotia had then asked why this question was not raised earlier and said cruelty was meted out to him. To this, the court said that it agreed with him but asked what to do with the legal question.