Deepali Kalia
Delhi High Court has last week granted relief to Shifa Ur Rehman, President of the Alumni Association of the Jamia Milia Islamia, stating that “The right of a person in detention to consult a legal practitioner of his choice is a right guaranteed by the Constitution of India” and cannot be diluted by the State.
Shifa Ur Rehman was charged,arrested under the UAPA(The unlawful Activities (prevention) Act) because of his alleged involvement in the violence that took place in February in the North East of the Capitol last year. The riots had lead to death of 53 people with hundreds sustaining injuries.
The current observation came when Rehman filed a petition contesting the order passed by a Sessions Court on 13th August permitting the extension of the period of investigation and his detention till 17th September 2020.
The petition stated that Rehman was unable to effectively challenge the application for extension of period of the investigation appropriately as he was not given access to his counsels despite orders passed by the lower courts in July 2020. He stated that his counsels requested several times the jail authorities for arrangement of Video conferencing consultation facilities but they were denied repeatedly.
The ASG Raju opposed the contentions made by the petitioners stating that Rehman had no right to be heard in order to oppose the application seeking extension of the period of investigation and the extension of his detention.
He also stated that the petitioners could not submit that any prejudice was caused against Rehman. Delhi High Court though refuted his claims and stated implicitly that principles of natural justice must be upheld even if it serves no useful purpose and thus, the petitioner has a constitutional right to consult the counsel of his choice.
