The Delhi High Court on Friday refused to pass an immediate order that would have allowed Jasir Bilal Wani, a co-accused in the recent Red Fort car blast case, to have a legal meeting with his lawyer at the National Investigation Agency (NIA) headquarters.
The court, presided over by Justice Swarana Kanta Sharma, emphasized the need to adhere strictly to judicial procedure, noting that the accused had failed to provide any formal order from the trial court rejecting his prayer for a legal mulaqat (meeting).
Adherence to Due Process
Justice Sharma delivered strong remarks while addressing the counsel for Wani, who claimed that the trial court had orally refused to grant the meeting and declined to pass a written order.
“You think that I am going to make my own procedure? I would not. This is not a special one,” the judge said, adding, “There cannot be any oral rejection. Why are you before me if you do not have the order?”
The High Court maintained that the constitutional process must be followed, stating, “First the order of rejection has to be passed then you can challenge it before me… There is a constitutional process which we all follow.”
The High Court ultimately refused to entertain the plea, concluding that it could not be accepted that the petitioner had availed all efficacious remedies. The court granted Wani’s counsel the liberty to approach the concerned trial court on Saturday for a formal adjudication of his plea.
Background on Jasir Bilal Wani
Jasir Bilal Wani, who goes by the alias Danish, is a resident of Qazigund in Anantnag, Kashmir.
- Arrest and Allegations: Wani was arrested by the NIA in Srinagar on November 17. The agency has termed him an “active co-conspirator” who worked closely with suicide bomber Umar Un Nabi to plan the “terror carnage.” Wani is accused of providing technical support for carrying out terror attacks, specifically by modifying drones and attempting to make rockets ahead of the November 10 Red Fort car blast that claimed 15 lives.
- Custody: On November 18, a trial court remanded Wani to 10 days in NIA custody.
- Co-Accused: Wani is one of six people arrested by the NIA so far in connection with the ‘white collar’ terror plot. The other five accused currently in NIA custody are key accused Amir Rashid Ali, doctors Muzammil Ganaie, Adeel Rather and Shaheena Saeed, and preacher Maulvi Irfan Ahmed Wagay.