No right to argue at remand stage court extends Umar Khalid s custody

  • | Thursday | 3rd December, 2020

However, Khalid's lawyer alleged that the Delhi Police has failed to prove sufficient grounds for extending his remand which is leading to, "a curb on his liberties." CMM Dinesh Kumar noted that considering the stage of the investigation and the nature of offences mentioned in the application, he was of the opinion "that there exist sufficient grounds for extension of judicial custody remand of accused Umar Khalid." During the proceedings, Advocate Rakshanda Deka argued against the application and said that Delhi Police have not laid out sufficient grounds for extending the judicial remand of Khalid. CMM Kumar however declined to hear any arguments, saying that, "You cannot make any arguments in this application…this is not a bail application…during judicial remand you can't say anything." "It is not your right to argue at this stage…don't just be an advocate of the client, be an officer of the court too," the court told the counsel.

New Delhi: Stating that the counsel for Umar Khalid "has no right to argue against a remand application," moved by Delhi Police, a Delhi court on Wednesday extended the former JNU students judicial custody by 14 days in connection with an incident of violence at Khajuri Khas during the Delhi riots in February. However, Khalids lawyer alleged that the Delhi Police has failed to prove sufficient grounds for extending his remand which is leading to, "a curb on his liberties." CMM Dinesh Kumar noted that considering the stage of the investigation and the nature of offences mentioned in the application, he was of the opinion "that there exist sufficient grounds for extension of judicial custody remand of accused Umar Khalid." During the proceedings, Advocate Rakshanda Deka argued against the application and said that Delhi Police have not laid out sufficient grounds for extending the judicial remand of Khalid. "This is the fifth occasion on which they (police) are seeking extension of his remand. In the last three applications, they have listed the same three grounds for the same," Deka said. CMM Kumar however declined to hear any arguments, saying that, "You cannot make any arguments in this application…this is not a bail application…during judicial remand you cant say anything." "It is not your right to argue at this stage…dont just be an advocate of the client, be an officer of the court too," the court told the counsel.

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