The Delhi High Court on Friday refused to pass orders allowing Red Fort terror attack co-accused Jasir Bilal Wali to meet with his counsel in the National Investigation Agency (NIA) headquarters.
Justice Swarana Kanta Sharma refused to pass orders today, noting that the accused had failed to show any order of the trial court rejecting such a prayer.
Hence, the single-judge sent the matter back to the trial court for a decision.
The Bench said that there is a process that is followed by the Court and no new procedure can be made for the accused.
“You think that I am going to make my own procedure? I won’t. This is not a special (case),” the Court remarked.
It further said that a mere statement by the accused’s counsel that the application for a legal meeting was rejected orally by the trial court cannot be trusted.
“Why should I trust you? Someone comes and says orally, it was rejected, then everyone will come to us and say it was rejected. There is a process that we follow, and we cannot change it for one person,” the Court said.
Wani (also known as Danish) is a 20-year-old from Qazigund in Anantnag district in Jammu & Kashmir. He has been accused of providing technical support to the terror module behind the November 10 Red Fort car blast by modifying drones, attempting to build rockets, and improving strike capability.
Wani, a Bachelor of Science student at Government Degree College in Kulgam, was initially picked up by State police from Qazigund in Anantnag district along with his uncle.
Later, the NIA took him into custody. According to the agency, Wani provided technical support to the terror module behind the November 10 Red Fort car blast by modifying drones, attempting to build rockets and improving strike capability.
Investigators allege he worked closely with Umar un Nabi, the suicide bomber, positioning him as an “active co-conspirator.
He was remanded to 10-day NIA custody on November 18.
Advocate Kaustubh Chaturvedi appeared for Wani before High Court today and stated that a lawyer had gone to the NIA headquarters to consult with the accused, but the agency denied him the meeting, stating there was no direction from the Court to that effect.
Chaturvedi said that an application was then filed before the Patiala House Court seeking directions to the NIA to allow Wani to meet with his counsel but the Sessions Judge rejected the plea orally.
“This is a case where my constitutional right has been violated,” he said.
Chaturvedi told the Court that Wani's father died after his arrest, but he (Wani) is not aware of the developments since no one has been allowed to meet him.
The High Court reiterated that a mere oral argument by the counsel that the application was not taken on record and was rejected through oral directions cannot be the ground to entertain the application of this nature.
“You [counsel for Wani] said you approached the [Sessions] Judge, and the judge has not given you the relief, but where is that? I have not found anything on record,” the Court said
However, the Bench added that it can grant Wani’s alternate prayer to direct the trial court to consider his application and pass an order.
Therefore, Justice Sharma sent the matter back to the Sessions Judge for adjudication as per law tomorrow (Saturday).