“Right Of A Person In Detention To Consult Lawyer Of His Choice Is A Constitutional Right,State Can’t Dilute It”: Delhi HC Grants Relief To Shifa Ur Rehman

Observing that it is the constitutional right of a person in detention to consult with the lawyer of his choice which cannot be diluted by the State, the Delhi High Court has last week granted relief to Shifa Ur Rehman, President of the Alumni Association of the Jamia Milia Islamia, arrested charged under UAPA in connection with the Delhi Riots that broke out in the national capital last year. A single judge bench comprising of Justice Vibhu Bakhru observed thus: “This Court is unable to accept that in such cases, it is permissible to not comply with the principles of natural justice on the ground that even if same were complied with, it would serve no useful purpose. The right of a person in detention to consult a legal practitioner of his choice is a right guaranteed by the Constitution of India and it is not open for the State to dilute this constitutional on the ground that no purpose would have been served even if such consultation is permitted.”