6 months after filing, prosecution says bail plea under wrong sec

New Delhi: A Delhi court on Thursday adjourned the hearing in former Congress councillor Ishrat Jahan's bail plea in the larger conspiracy case related to the north-east Delhi riots last year, after the prosecution argued that her plea was filed under the wrong section — six months after it was first filed.

The prosecution argued that the plea was not maintainable.

However, Advocate Pradeep Teotia, appearing for Ishrat shot back, saying, "If they would have said this before six months, I would have understood. They are increasing my incarceration like this. What effect will it have on my prayer, facts or arguments?"

The prosecution, represented by Special Public Prosecutor Amit Prasad, meanwhile, argued that the bail plea is not maintainable — mainly because the court hearing the case — that of Additional Sessions Judge Amitabh Rawat — is a special court for UAPA cases and therefore exercises the powers of a Court of Magistrate under Section 437 of the CrPC. Ishrat's bail plea was filed under Section 439 of the CrPC.

As both the prosecution and the defence argued on the maintainability, Advocate Gaurav Dala, also for Ishrat, said that while he is ready to rebut with judgments, the SPP must clarify if the prosecution intends to argue only on maintainability.

The matter has now been posted for next hearing on September 1.