Delhi Highcourt in regard to the plea submitted by Ishrat Jahan , granted the Crime Branch 60 more days for filing the charge sheet against her in connection with the February riots.
After hearing all the parties at length in a video conferencing, Suresh Kumar Kait, single judge bench of Justice reserved the order.
Delhi government’s senior standing counsel Rahul Mehra, appearing for the Delhi Police on hearing said that the investigators have “enough material evidence to show that the extension of 90 days given by the court was correct in law.Material speaks out loud that the extension is given rightly and in accordance with the law” .
“The trial court had correctly applied its mind and this can be seen from the fact that extension of only 60 days was given and not the complete 90 days as prescribed under the law,” he added.
Ishrat Jahan’s advocates Manu Sharma and Arjun, appeared in the high court against the trial court’s June 15 order in which it had given an extension of two months to the Crime Branch to file a charge sheet in the case against her.
“The same is against the democratic and fundamental rights guaranteed by the Constitution of India. And the order deserves to be set aside on this ground alone. Speedy and fair investigation are fundamental tenets of the criminal justice system,” the plea said.
“It is pertinent to mention that none of the reasons for seeking extension of time for filing charge sheet or extension of detention for petitioner/accused Ishrat Jahan were meaningful or sufficient to satisfy the grant of extension of the same further failing onto the second limb of section 43(D)(2)(b) of UAPA which speaks about specific reasons that are to be stated for extension of the detention,” the petition read.