New Delhi: Former Congress councillor Ishrat Jahan on Wednesday, argued for her bail in the UAPA case related to the north-east Delhi riots, through her lawyer, telling the court that "justice cannot be denied and hurdled because of minor technical issues, even though it is not there here".
Advocate Pradeep Teotia, for Ishrat, was rebutting the Special Public Prosecutor's argument that her bail plea had been filed under the incorrect section. Significantly, the prosecution only raised this issue for the first time in the last hearing, almost six months after it had been filed and argued upon.
Teotia submitted before Additional Sessions Judge Amitabh Rawat that the issue of the court's jurisdiction under Section 437 or 439 of the CrPC was immaterial to the facts of the case and his arguments in relation to them.
The concerned SPP had brought up the argument that the bail application should have been filed under Sections 437 of the CrPC instead of Section 439 simply because the court hearing the case was a special court.
Teotia, while arguing, asked how his arguments or the facts of the case would change in light of this. Secondly, the advocate submitted to the court and requested that this matter of jurisdiction be adjudicated as soon as possible so that his client's case could proceed to the relevant facts and arguments.