New Delhi: The Delhi High Court has observed that it is the constitutional right of an individual who is under detention to consult with a lawyer and the same "cannot be diluted by the state", while deciding on a plea filed by Delhi riots UAPA accused Shifa Ur Rehman, who challenged a trial court order extending his detention as "illegal" where he was not allowed to meet his counsel.
A single judge bench of Justice Vibhu Bakru however, turned down Rehman's plea to declare his custody beyond the period of August 24 as "illegal".
Rehman, through his lawyer Abhishek Singh, challenged in his plea an order passed by a trial court on August 13 where the court had allowed the prosecution's application under section 43D of the Unlawful Activities (Prevention) Act and extended the period of investigation in connection with the "larger conspiracy" case till September 17 and hence extended the period of detention of Rehman and other accused persons.
However, on the aspect of Rehman not being allowed to speak to his counsel, Justice Bakhru noted, "The court is unable to accept that in such cases, it is permissible to not comply with the principles of natural justice on the ground that even if same were complied with, it would serve no useful purpose". The court further held that the right of a person in detention to consult a legal practitioner of his choice is a right guaranteed under the Constitution and it is not open for the state to dilute this on the ground that no purpose would have been served even if such consultation is permitted.
However the court noted that while certain rights of the petitioner have been violated, further relief cannot be granted at this stage.