The Delhi High Court on Friday declined to pass an immediate order allowing Jaseer Bilal Wani, a co-accused in the Red Fort blast case, to meet his lawyer inside the National Investigation Agency (NIA) headquarters.
Court: “Accused Is Not a Special Person; Procedure Must Be Followed”
Justice Swarana Kanta Sharma refused to entertain the plea after observing that the accused had failed to produce any trial court order rejecting his request.
The court emphasised that Wani is not a special individual entitled to bypass established legal procedures.
“There is a constitutional process that all of us must adhere to. If there is no rejection order, why are you before me? First, the trial court must pass a written order, then you may challenge it here,” Justice Sharma remarked when Wani’s counsel claimed the application had been verbally dismissed.
No Permission Granted for Meeting at NIA Office
During the hearing, Wani’s lawyer argued that a legal counsel had attempted to meet the accused at the NIA office but was denied access. When asked to produce any court direction permitting such a meeting, the lawyer admitted that the trial court had orally refused the request.
The High Court reiterated that oral refusals hold no value and that a written order is mandatory before approaching a higher court.
High Court Declines Relief, Directs Counsel to Approach Trial Court
The High Court not only refused to grant permission for Wani to meet a lawyer of his choice at the NIA headquarters but also noted that the accused had not exhausted all legal remedies.
The NIA’s counsel pointed out that Wani had approached the High Court prematurely.
However, the court granted Wani’s lawyer liberty to move the appropriate application before the trial court on Saturday, in accordance with legal procedure.
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