Red Fort attack: Delhi HC rejects accused’s plea to meet lawyer at NIA headquarters

Jasir Bilal Wani being brought to court earlier this week following his arrest. File pic

The Delhi High Court (HC) on Friday declined to pass an order allowing the November 10 Red Fort blast co-accused Jasir Bilal Wani to meet his lawyer at the National Investigation Agency (NIA) headquarters, news agency PTI reported.

Justice Swarana Kanta Sharma observed that Wani had not placed on record any order of the trial court rejecting his request for such a meeting.

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The court said the accused could not be treated as a "special person" and that established legal procedures must be followed, PTI reported.

"You think that I am going to make my own procedure? I would not. This is not a special one," the judge remarked.

The observations came after Wani's counsel claimed that the trial court had orally rejected their application. The high court, however, was not convinced.

"There cannot be any oral rejection. Why are you before me if you do not have the order? 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," Justice Sharma said.

Wani, an alleged "active co-conspirator" of suicide bomber Umar Un Nabi, was arrested by NIA on November 17 in connection with Delhi Red Fort blast that killed 15 people. He was remanded to NIA's custody for 10 days by a trial court.

During the hearing, Wani's counsel argued that a lawyer who went to the NIA office was denied access and asked to produce a court direction, PTI reported.

The counsel said that when they approached the trial court, it declined to allow legal ‘mulaqat (meeting)' and refused to pass a written order.

The NIA's counsel submitted that the accused had not exhausted the available remedies before moving the high court and urged that the petition be dismissed.

Refusing relief, HC said the petition could not be entertained on the grounds cited.

"Application was not taken on record or the trial court orally refused to pass an order cannot be a ground to entertain this petition," it stated.

However, the court granted liberty to Wani's counsel to approach the trial court on Saturday for adjudication of the plea in accordance with law.

Wani, a resident of Qazigund in Anantnag, was arrested in Srinagar for allegedly providing technical support for terror activities, including modifying drones and attempting to make rockets ahead of the Delhi Red Fort blast, NIA had stated earlier. The agency has termed him an active co-conspirator who worked with Umar Un Nabi to plan the "terror carnage".

Six people have been arrested so far in what the NIA has described as a "white collar" terror plot. Apart from Wani, the others held in the case are key accused Amir Rashid Ali, doctors Muzammil Ganaie, Adeel Rather and Shaheena Saeed, and preacher Maulvi Irfan Ahmed Wagay. All of them are currently in NIA custody.

(With PTI inputs)