New Delhi [India] November 21 : The Delhi High Court on Friday refused to issue directions allowing Red Fort terror attack co-accused Jasir Bilal Wani to meet his lawyer at the National Investigation Agency (NIA) headquarters. Wani is currently in the NIA's custodial remand.
Justice Swarana Kanta Sharma stated that the Court could not devise an exceptional procedure in the absence of a formal rejection order from the trial court. The matter was accordingly remanded to the Sessions Judge, with instructions to adjudicate it on Saturday.
Stressing the importance of following established judicial norms, the judge questioned the foundation of the plea. "Do you expect me to create my own procedure? I will not. This is not a special case," Justice Sharma remarked, adding that the Court could not rely merely on oral claims that a lower court had dismissed the request.
The Bench further cautioned that entertaining such oral assertions would set a troubling precedent. "Why should I accept this? If someone simply says orally that their plea was rejected, everyone will do the same. There is a process we adhere to, and it cannot be altered for one individual," the judge observed.
Advocate, representing Wani, argued that a lawyer had attempted to meet the accused at the NIA headquarters but was denied access on the grounds that no court order permitted such a meeting. He submitted that an application was later filed before the Patiala House Courts, which the Sessions Judge allegedly rejected orally, thereby infringing Wani's constitutional rights.
The High Court, however, remained unconvinced, noting that no written order or supporting material had been produced.
"You say you approached the Sessions Judge and were denied relief, but where is the record? Nothing has been placed before us," Justice Sharma pointed out. Nevertheless, the Bench agreed to consider an alternative request and directed the trial court to hear Wani's application and issue appropriate orders in accordance with law.