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Due To Non-Functioning Of NIA Courts, Continued Detention Of Person Accused Under UAPA Is Illegal: Plea Moved In Delhi HC [Read Petition]

first_imgNews UpdatesDue To Non-Functioning Of NIA Courts, Continued Detention Of Person Accused Under UAPA Is Illegal: Plea Moved In Delhi HC [Read Petition] Karan Tripathi19 May 2020 4:33 AMShare This – xPlea has been moved in the Delhi High Court seeking release of an accused who, despite being granted bail for other charges, continues to be in custody for a charge under Unlawful Activities Prevention Act due to the non-functioning of the NIA Special Courts. The petition claims that since the Special Courts have not been functioning due to the suspension of normal court…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginPlea has been moved in the Delhi High Court seeking release of an accused who, despite being granted bail for other charges, continues to be in custody for a charge under Unlawful Activities Prevention Act due to the non-functioning of the NIA Special Courts. The petition claims that since the Special Courts have not been functioning due to the suspension of normal court functioning during the lockdown period and risks associated with COVID-19 pandemic, the continued custody of the accused is illegal and without authority of law. The present criminal writ is moved by Aqil Hussain on behalf of his sister who was arrested by the local police in Jafrabad on April 09. The Petitioner submits that initially no details as to the charges and the F.I.R. against his sister were provided, and only contact between the family and the detainee was through phone calls facilitated by the officials in whose custody she was. When the information about the FIR was provided, the accused moved the Magistrate for bail. However, the Magistrate rejected the said application by informing her that the FIR contains charges under the UAPA. Subsequently, she moved the Sessions Court challenging the Magistrate’s order. While the Sessions Court granted her bail on the first FIR, she could not be released from prison as the second FIR against her contained charges under the UAPA. Due to the invocation of charges under the UAPA against his sister, the Petitioner submits, it is only a Special Court constituted and empowered under the National Investigation Agency Act which can extend her custody. Therefore, the Petitioner wants the court to issue a writ of habeas corpus against the Delhi Government and the Commissioner of Delhi Police, to produce the Petitioner’s sister before this court as explain as to why she should not be released on bail, or why her continued detention is not illegal.Click here to download the Petition Next Storylast_img read more

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Major storm to deliver heavy rain, snow for end of holiday week

ABC News(NEW YORK) — A major storm system is moving out of the west and will redevelop in the Plains, bringing severe storms to the south and heavy snow to the north.Up to 2 inches of rain fell in Southern California and up to 2 feet of snow fell on parts of the West Coast over the Christmas weekend.As the storm moves east, 15 states from Arizona to Michigan are under winter storm warnings and advisories.The storm is gathering in the western Plains on Wednesday morning with heavy rain already developing over Kansas and snow forming in the Dakotas.As the storm moves east, severe storms will fire up Wednesday afternoon and evening in the southern Plains from Midland, Texas, to Dallas and down to Houston.The biggest threat with these storms will be damaging winds, a few tornadoes and hail. Flash flooding can’t be ruled out either.Heavy rain with thunderstorms will extend into Oklahoma and Kansas, with heavy snow moving in Nebraska, Minnesota and the Dakotas.By Thursday, the severe storms will move into the eastern Gulf Coast and the Deep South with damaging winds and flash flooding.To the north, heavy snow and strong winds will continue from Nebraska to Minnesota and Wisconsin.Heavy rain and strong storms will move into the eastern Gulf and the Southeast on Friday.The heavy rain will also move into the I-95 corridor, from Raleigh, North Carolina, into Washington, D.C., and north to Boston with some flash flooding possible.Some snow is also possible in New England as the storm moves in.When all is said and done, some areas in the South and along the East Coast will have seen more than 2 to 4 inches of rain.The snowfall totals in the Northern Plains and upper Midwest could surpass a foot. Copyright © 2018, ABC Radio. All rights reserved. read more

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