A petition has been filed in the Delhi High Court regarding release of the accused person, who has been granted bail for other charges except for charge under Unlawful Activities Prevention Act, but still haven’t been released due to non-functioning of the NIA Special courts to due national lockdown amid COVID19. The Delhi High court has issued a notice to Delhi Police Commissioner and Delhi Government, in the petition.
The petition has claimed that the continued custody of the said accused is illegal, arbitrary and without any authority, as the Special Courts have been suspended, which exposes them of the risks associated with coronavirus pandemic.
The petition was filed on behalf of a woman, who was arrested by the local police on the charges of UAPA along with other criminal charges. It also alleged that they were not given the details of charges and FIR filed against her and that no direct contact between the detainee and her family, was allowed by the officials.
It further mentions that, when the information regarding charges and FIR was released, she filed for bail, but the magistrate rejected the bail application as it contained charges of UAPA. She moved to the Sessions Court against the magistrate’s order, where she was granted bail for criminal charges but not on the charges of UAPA, and therefore she could not be released on bail.
It has been submitted that the charges of UAPA can only be heard by the Special Courts, which is empowered to hear such matters, by the National Investigation Agency. The petitioner has urged the court to issue a writ of habeas corpus against the Delhi Police and Delhi Government, for her illegal detention and continued custody even after she has been granted bail under other charges except for UAPA charges due to non-functioning of the NIA Special Courts.
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