Delhi High Court dismisses Habeas Corpus Plea of Delhi Riot's Accused Gulfisha Fatima in the 'Larger Conspiracy' Case

The Delhi High Court today dismissed the Habeas Corpus plea filed by Delhi Riot's accused Gulfisha Fatima alleged in the larger conspiracy case of Northeast Delhi Riots.

The division bench comprising Justices Vipin Sanghi and Jasmeet Singh while dismissing the plea said that Fatima was in a judicial custody and the detention cannot be termed illegal. The Court further observed that a writ of habeas corpus would not lie in respect of person who is in judicial custody.

The Court however said that if Fatima had any grievance against the order passed by the lower court, she could file an appeal before the appropriate court.

The case was earlier listed before the vacation bench of Justices Siddharth Mridul and Anup Jairam Bhambhani who refused to hear the plea observing that Adv Mahmood Pracha appearing for Gulfisha resorted to heckling instead of answering to the questions put forth by the bench.

The bench had observed that Fatima had exhausted her remedy and according to the Supreme Court's Judgement in Rahul Modi's case, once a remand order is out one cannot prefer a habeas corpus plea whether the order is right or wrong. The judgement clearly pointed out that a remand order can be challenged only in an appellate or revisional proceeding. It cannot be challenged in a habeas corpus plea.

The matter was thereafter listed before Justice Vipin Sanghi and Justice Jasmeet Singh.

On April 11, Gulfisha was arrested on charges under various sections of UAPA for her alleged “larger conspiracy” in connection with the Delhi violence and is currently under judicial custody. She has claimed that her detention in judicial custody is “illegal and invalid".

Case Title: Gulfisha Fatima vs State