The Delhi High Court rejected Jasir Bilal Wali’s request to meet his lawyer at NIA headquarters, stating that no special procedure can be created without proper trial court orders. The Court stressed that oral claims of rejection cannot replace written proof and sent the matter back to the Sessions Court for a lawful decision.
New Delhi: The Delhi High Court on Friday refused to immediately allow Red Fort terror attack co-accused Jasir Bilal Wali to meet his lawyer at the National Investigation Agency (NIA) headquarters, stating that proper legal procedure must be followed and no special treatment can be given without valid court records.
Justice Swarana Kanta Sharma made it clear that the accused had not shown any written order from the trial court proving that his request for a legal meeting was rejected. Because of this, the High Court declined to interfere and instead sent the matter back to the trial court for a fresh decision as per law.
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While hearing the matter, the Court strongly underlined that it cannot create a new process just for one accused.
The judge clearly stated,
“You think that I am going to make my own procedure? I won’t. This is not a special (case),”
reminding the counsel that every accused must follow the same standard legal route.
The Court also expressed concern over the claim that the Sessions Judge had orally rejected the plea for a legal meeting. It said such statements cannot be accepted without written proof.
Emphasising the importance of documented orders, the Court remarked,
“Why should I trust you? Someone comes and says orally, it was rejected, then everyone will come to us and say it was rejected. There is a process that we follow, and we cannot change it for one person,”
making it clear that verbal claims cannot replace formal judicial records.
Jasir Bilal Wali, also known as Danish, is a 20-year-old resident of Qazigund in the Anantnag district of Jammu and Kashmir. He is accused of playing a key role in supporting the terror module behind the November 10 Red Fort car blast.
According to the NIA, Wani provided technical assistance by modifying drones, trying to build rockets and helping improve the attack capabilities of the group.
Wani is a Bachelor of Science student studying at Government Degree College, Kulgam. He was first picked up by the State police along with his uncle and was later handed over to the NIA for further investigation.
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The agency claims that he worked closely with Umar un Nabi, who has been identified as the suicide bomber, and that Wani acted as an active co-conspirator in the terror plot. Following his arrest, he was remanded to 10-day NIA custody on November 18.
During the hearing, Advocate Kaustubh Chaturvedi, appearing for Wani, told the High Court that an attempt was made by another lawyer to meet the accused at the NIA headquarters but the meeting was denied as there was no court order permitting it.
He further submitted that an application was moved before the Patiala House Court seeking directions to allow the meeting, but claimed that the Sessions Judge rejected it orally.
Arguing that his client’s fundamental rights were being violated, Chaturvedi told the Court,
“This is a case where my constitutional right has been violated,”
and also added that Wani’s father had passed away after his arrest, but the accused was still unaware of this personal tragedy since no one had been allowed to meet him.
However, the High Court maintained its stand that oral claims of rejection cannot be the basis for granting relief.
The judge again pointed out the absence of any record and questioned the counsel’s submission by saying,
“You [counsel for Wani] said you approached the [Sessions] Judge, and the judge has not given you the relief, but where is that? I have not found anything on record,”
reinforcing the need for proper documentation.
While refusing to pass immediate directions to the NIA, the Court agreed to consider the alternate request and decided to send the matter back to the Sessions Judge with instructions to hear the application and decide it in accordance with the law.
Accordingly, Justice Sharma directed that the trial court should adjudicate the plea and pass an appropriate order on the matter on Saturday.
The order highlights the Delhi High Court’s strict approach towards maintaining procedural discipline, especially in serious terror-related cases, while balancing the accused’s rights with established legal processes and judicial accountability.
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