New Delhi: A habeas corpus plea of Gulfisha Fatima, one of the accused in the Delhi Police case alleging "larger conspiracy" behind Northeast Delhi riots, has been turned down by the Delhi High Court on the ground that the accused is under the judicial custody not in an illegal detention.
The division bench of Justice Vipin Sanghi and Jasmeet Singh observed that writ of habeas corpus would not stand in terms of a person who is under judicial custody.
Since being arrested in the case on April 09 in 2020, Fatima has been in the judicial custody. She challenged her detention through her lawyer, saying that she is being illegally detained and custody was invalid. She also questioned the validity of the order passed last year by a lower court extending her judicial remand.
The Delhi HC also told to her lawyer that she could challenge the lower court order an appropriate judicial proceeding before an appropriate forum.