Thread by @LawBeatInd

Advocate Abhishek Singh continues arguments before a Delhi Court for Jamia Alumni president #ShifaurRehman seeking bail before a Delhi Court.

Hearing before ASJ Amitabh Rawat.

#DelhiCourt #delhiriots

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Adv. Singh argues that the State's objection to the maintainability of the bail plea under section 439, Cr.P.C. is wrong preposition.
#DelhiRiots #delhicourt

Singh continues reading relevant legal provisions and earlier judgments to prove his contention good that only High Court in original jurisdiction can be excluded to hear bail plea under section 439 Cr.P.C. not Special Court.
#DelhiRiots #delhicourt

To strengthen his contention that when a Special Court will entertain a bail application under UAPA, it will not be under sec. 437 CrP.C. Singh reads relevant provisions of NI Act.

#DelhiRiots #delhicourt

Singh adds that the provisions of the NIA Act show that a special court constituted under the said Act is to be presided over by a person who, immediately before his appointment was a Sessions Judge or an Additional Sessions Judge.
#DelhiRiots #delhicourt

Singh avers that the question is as a Special Court under which provision are you going to exercise Jurisdiction? sec. 437 CrPC or sec. 439 CrPC?
#Delhicourt #DelhiRiots

He avers if there is any ambiguity regarding the maintainability under section 439 CrPC and a change is made to apply it under section 437 CrPC, still, it doesn't make any changes to the substance of the plea.
#delhicourt #DelhiRiots

Following Singh's arguments, Court says that the State has raised the same objections in a related bail hearing too and the bail plea was withdrawn.
#DelhiRiots

Court says that it is the first time I am hearing such objections being raised against a bail plea.
#delhicourt

Court asks Singh to stop today as Court has a leave post-lunch session.

The hearing adjourned till September 21 for virtual hearing.
#DelhiRiots