PTI asserted – A court in Delhi on Wednesday extended former Jawaharlal Nehru University student Umar Khalid’s Judicial Custody by 14 days in a case allied to the large-scale communal violence in the Capital, in February. The court also denied him an opportunity to oppose the police’s plea seeking further remand.
Chief Metropolitan Magistrate Dinesh Kumar noted that there was requisite basis for the extension of Khalid’s custody.
The court reckoned an accused can move up a bail application if his/her counsel was of the view that there was no need for further custody and then the accused can be heard by it.
Chief Metropolitan Magistrate Dinesh Kumar also quoted – At the time of fresh arrest, the accused and his/her counsel can oppose the prayer/ request of the IO (Investigating Officer) for sending the accused to judicial custody or granting police custody remand of the accused. However, an accused can move up a bail application if the accused or his counsel is of a belief that there is no need of the custody of the accused and henceforth, there is no requirement of an extension of judicial custody remand,” it said in its order.
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Umar Khalid was taken under the custody on October 1st, in the case relating to riots in Khajuri Khas area. He was also arrested in September for a separate case related to larger conspiracy in the riots.
Communal violence had broken out in northeast Delhi on February 24th after clashes between the citizenship law supporters and the protesters spiralled out of control leaving at least 53 people dead and around 200 injured.
The court also stated there was no scope of hearing the counsel of the accused and giving him/her an opportunity to oppose the remand application whenever the remand was to be extended.
“No doubt remand of an accused should not be extended mechanically. However, there is no scope of hearing the counsel of the accused and giving him/her opportunity to oppose the remand application whenever the remand is to be extended” PTI reported.
“At the time of fresh arrest, the accused and his/her counsel can oppose the prayer of the IO (investigating officer) for sending the accused to judicial custody or granting police custody remand of the accused. However, an accused can move a bail application if the accused or his counsel is of the opinion that there is no need of the custody of the accused and therefore, there is no requirement of extension of judicial custody remand,” it said in its order.
Umar Khalid was arrested on October 1 in the case related to rioting in the Muslim-dominated Khajuri Khas area in North East Delhi. He was also arrested in September in a separate case related to larger conspiracy in the riots.
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