Delhi High Court to hear pleas by 4 PFI members seeking interim bail on November 30
The plea by the four PFI accused members alleges a violation of the Fundamental Right of Speedy Trial as the trial court failed to dispose of the bail application within 7days as directed by the Apex Court in a 2016 judgment.
A group of 4 men recently arrested by the Delhi Police in connection with being members of the banned terrorist organization, Popular Front of India (PFI) has approached the Delhi High Court seeking interim bail.
The matter will be heard by Justice Purushaindra Kumar Kaurav on November 30.
The plea has been filed by four PFI accused men namely, Habeeb Asghar Jamali, Mohd. Waris Khan, Mohsin Khan, and Shaikh Gulpham Hossein through Advocates Mujeeb ur Rehman, Md. Arif Hussain and Satyam Tripathi. The plea submitted that on October 2, the applicants were unlawfully picked up and detained from Tihar Jail just after they were released in another case at around 8 pm by police officials, without even being informed about the crime committed and without following the due procedures established by law.
It is alleged that on October 4, police officials produced the men before the trial court keeping them in illegal custody, thereafter the court sent them to three days of police custody. On October 7, the court send them to Judicial Custody for twenty-four days, and since November 2, they are in Judicial Custody.
The plea stated that on November 2, the accused men filed an application for regular bail before the Trial Court, seeking interim bail until the disposal of the regular bail application. However, the court denied the application and set the regular bail plea for a reply from the prosecution on November 10.
The plea further stated that on November 10, the prosecution filed their reply to the bail plea, and thereafter the trial court listed the bail application for arguments on November 25, which is after 23 days from the date the bail plea was filed. The regular bail plea is pending before the Patiala House Court, Delhi.
Furthermore, the plea stated that the Trial court has violated the "fundamental rights of speedy trial" of the accused men, and has failed in disposing of the bail application within 7 days as directed by the Supreme Court in Hussain and Anr. v. Union of India, 2016.
Case Title: Habeeb Asghar Jamali v. State & other connected matters