New Delhi: Parliament attack case accused and suspended city college lecturer S A R
Geelani moved the Delhi High Court to challenge an order of the trial judge allowing
police to bring him handcuffed in the court during trial proceedings.
His counsel Prashant Bhushan contended that the special judge's order allowing
police to bring Geelani in handcuff to the court during trial proceedings, violated
the Supreme Court guidelines in this regard.
A division bench comprising justice Dalveer Bhandari and justice R S Sodhi, however,
referred the petition to a single judge bench saying it is essentially a matter to
be heard under Section 482 of the Code of Criminal Procedure (CrPC), which has given
inherent power to High Court to prevent abuse of the process of law.
As Geelani's counsel insisted for hearing the matter by the division bench saying he
filed the writ petition because a very important issue is involved in which the apex
court has laid down clear guidelines, the court said it has to be heard under
Section 482 only and, therefore, to be listed before the
single judge bench.
Delhi police standing counsel Mukta Gupta also said it has to be heard under Section
482 not as a writ petition.
Geelani challenged the July 23 order of special judge S N Dhingra allowing the three
Parliament attack case accused, including Jaish-e-Mohammed (JeM) militants Mohammed
Afzal and Shaukat Hussain Guru, to be brought handcuffed in the court, alleging it
violated the apex court guidelines, laid down in 1996 order in the case of seven
United Liberation Front of Assam (ULFA) activists.
PTI