This Article is From Jun 25, 2020

Delhi Violence: Court Allows Jamia Student To Have Legal Interview In Jail

Due to COVID-19 pandemic, physical interviews of accused lodged in jails, with their counsel have been suspended and they were being provided legal assistance through legal aid counsel deputed by Delhi State Legal Services Authority (DLSA).

Delhi Violence: Court Allows Jamia Student To Have Legal Interview In Jail

Massive protests were held in Jamia on December 15, last year. (File photo)

New Delhi:

A Delhi court Thursday allowed Jamia Millia Islamia (JMI) University student Asif Iqbal Tanha, booked under anti-terror law, Unlawful Activities (Prevention) Act, in connection with communal violence in north east Delhi in February, to meet his counsel in jail for legal interview.

Due to COVID-19 pandemic, physical interviews of accused lodged in jails, with their counsel have been suspended and they were being provided legal assistance through legal aid counsel deputed by Delhi State Legal Services Authority (DLSA).

Additional Sessions Judge Dharmender Rana said the Tihar Jail Superintendent may allow the request of Tanha's counsel to meet him at a fixed date and have at least one telephonic conversation with him in a week.

"The accused has a right of representation through a lawyer of his choice and for effective exercise of the right he is entitled to have an interaction with his counsel, of course, subject to administrative convenience of the Jail Superintendent," the court said in its order.

During the hearing held through video conferencing, advocate Sowjhanya Shankaran, appearing for Tanha, had sought permission have legal interview through video conferencing with him.

Jail Superintendent of Tihar prison submitted a report stating that all accused persons were provided legal assistance through the legal aid counsel deputed by DLSA in jail and were allowed to speak with their counsel over telephone.

He further said that if the court directed, Shankaran may visit Tanha in jail for 30 minutes at the meeting window of the jail between 11 am to 2 pm.

Shankaran said that she shall seek prior permission of the jail authorities through email and thereafter meet the accused in jail on any date as fixed by the Jail Superintendent, as per his administrative convenience.

She further sought permission to have at least one telephonic conversation with the accused in a week.

"In view of the same, the Superintendent may consider the request of the counsel for the accused as per rules," the court said.

Tanha, third-year student of BA in Persian language, currently in judicial custody in a case related to communal violence during protests against the Citizenship Amendment Act in north east Delhi in February.

Besides him, former Congress Councillor Ishrat Jahan, JMI Gulfisha Khatoon, Jamia Coordination Committee members Safoora Zargar, Meeran Haider, President of Jamia Alumni Association Shifa-Ur-Rehman, suspended AAP Councillor Tahir Hussain, activist Khalid, JNU students Natasha Narwal and Devangana Kalita, activist Khalid and former student leader Umar Khalid have also been booked under the anti-terror law in the case. Umar Khalid has not been arrested in the case yet.

The police had claimed in the FIR that Umar and his associates had instigated people to start riots in the area and it was a "premeditated conspiracy".

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.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)

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