The applicant seeks to challenge the order on June 29 for extension of period of investigation by sessions judge stating that it was not competent to pass any order. However, such an assertion cannot be made before this court.
A Delhi court has dismissed the bail application of Jamia Millia Islamia student Gulfisha Fatima, arrested under the stringent anti-terror law — Unlawful Activities (Prevention) Act, in a case related to communal violence in north east Delhi in February. Fatima had challenged a sessions court’s June 29 order extending the period of investigation in the case, and sought statutory bail on the ground that the charge sheet has not been filed in the case within the time period of 90 days as provided by the law.
Additional Sessions Judge Amitabh Rawat rejected the bail application on the ground that it was without any merit.
“When the period to investigate has been extended till August 29 and applicant (Fatima) remanded to judicial custody under the provisions of UAPA by the sessions judge, there arises no reason for the applicant to state that the charge sheet has not been filed on August 10. The applicant seeks to challenge the order on June 29 for extension of period of investigation by sessions judge stating that it was not competent to pass any order. However, such an assertion cannot be made before this court.
“The order on June 29 was passed and as per the said order, the period of investigation has been extended till August 29 (later, it was also extended). Hence, there arises no occasion for consideration of the question of statutory bail on the ground that the final report has not been filed on August 10. Present application is without merits and is dismissed,” the court said in its order passed on August 31.
The court had on June 29 extended time till August 29 and on August 13 extended the time till September 17 for completion of the probe in the case. Fatima’s bail plea claimed that the sessions court was not competent to entertain and allow the application filed by the police under section 43D (2) (b) of the UAPA, seeking extension of time to complete the investigation. Communal clashes had broken out in northeast Delhi on February 24 after violence between citizenship law supporters and protesters spiralled out of control leaving at least 53 people dead and around 200 injured.