Delhi blast case: HC declines Jasir Bilal Wani’s petition to meet legal counsel at NIA HQ

NIA’s lawyer opposed the petition, stating that Wani had not exhausted all his remedies and had directly approached the high court.

The Delhi high court on Friday refused to permit 20-year-old Jasir Bilal Wani, alleged co-conspirator in the Red Fort bomb blast case, to meet his legal counsel at the National Investigation Agency’s (NIA) headquarters.

Jasir Bilal Wani alias Danish was arrested by the NIA in connection with the Delhi car blast case. (Raj K Raj/ HT Photo)

A bench of justice Swarana Kanta Sharma issued the order after Wani’s lawyer, Kaustubh Chaturvedi, submitted that though the NIA had arrested him on November 17, and he was remanded to the NIA’s custody a day later, he was not allowed to meet a lawyer of his choice.

Chaturvedi submitted that although a lawyer had attempted to meet Wani at the agency headquarters, the request was denied because permission from the sessions court was required for such a legal ‘mulaqat’ (meeting).

He added that he subsequently moved the sessions court with an application, but the judge declined to take it on record and orally said that such relief would not be granted. The counsel further noted that Wani’s father had passed away after his arrest, making the meeting essential so that he could be informed of the news.

However, NIA’s lawyer opposed the petition, stating that Wani had not exhausted all his remedies and had directly approached the high court.

Taking these submissions into account, the court observed that the fact that the application was not taken on record or that the trial court orally refused relief could not justify entertaining the present petition or establish that Wani had exhausted the remedies available before the trial court.

The court noted that Wani had failed to place on record any proof regarding filing the application before the trial court, an order refusing to take the application on record or any proof regarding the court orally rejecting the prayer.

The bench emphasised that a constitutional procedure was in place and could not be altered to create a separate process for him.

“There can’t be any oral rejection. Why are you before me if you don’t have the order? First the order of rejection has to be passed then you can challenge it before me. Whether it is or it is not, let them (trial court) decide this,” justice Sharma remarked.

She added, “I can grant your alternate prayer (to direct the trial court to decide the application). There is a constitutional process which we all follow; we cannot make any procedure for you.”

Ultimately, the court remanded the matter back to the trial court and asked the judge to consider the matter tomorrow.

“In these circumstances, the court taking into account the alternate prayer remands the matter to the sessions judge for adjudication as per law and directs that the counsel for the petitioner, may appear along with the parokar of the petitioner before the learned sessions judge tomorrow, after considering the affidavit or any other document and being satisfied will consider the application,” the court said in its order.

Wani, a student of Government Degree College Levodara in Kulgam, J&K, was initially picked up by the state police from Qazigund in Anantnag district last week along with his uncle. Bilal was formally arrested by the Jammu and Kashmir police and handed over to the NIA on Monday, which secured his transit remand and brought him to the capital.

NIA had stated that Wani allegedly provided technical support for carrying out terror attacks by modifying drones and attempting to make rockets ahead of the bomb blast.

Wani was a neighbour of brothers Adil and Muzaffar Rather, two doctors who are allegedly part of the terror module behind the Red Fort blast. While Muzaffar is believed to be in Afghanistan at present, his younger brother Adil was arrested in Saharanpur in Uttar Pradesh.

A Delhi court on Tuesday had sent him to NIA’s custody for 10 days.