The Delhi High Court has dismissed an appeal filed by the Delhi Police challenging the grant of bail to former Congress councillor Ishrat Jahan, which pertains to the alleged larger conspiracy behind the 2020 Delhi riots.
A division bench of Justice Navin Chawla and Justice Ravinder Dudeja noted that more than four years had lapsed since bail was granted and there were no allegations of any violation of bail conditions by Jahan.
In view of this, the Court declined to interfere with the order granting bail, while clarifying that it had expressed no opinion on the merits of the case.Jahan was arrested on February 26, 2020, and was granted bail by the Karkardooma Court on March 14, 2022. The Delhi Police had subsequently challenged the order, seeking cancellation of her bail.
In its appeal, the police contended that the trial court’s order was contrary to settled legal principles and suffered from serious infirmities. It was argued that the court had misapplied the Supreme Court’s ruling in NIA v. Zahoor Ahmad Shah Watali and failed to appreciate Jahan’s alleged close association with other conspirators.
According to the police, she played an active role in organising protests that eventually led to violence and destruction of property.
However, while granting bail, the trial court had observed that even as per the chargesheet, there was no allegation of Jahan being physically present in the North-East Delhi areas where the riots occurred. It also noted that she was not shown to be part of any organisation or WhatsApp group linked to the alleged conspiracy.
The court further recorded that her involvement was limited to a protest site at Khureji, linked to demonstrations against the CAA and NRC, which was not located in or contiguous to the riot-affected areas of North-East Delhi.
It was held in the FIR 59/2020 (State v. Ishrat Jahan), invokes serious charges, including provisions under the Unlawful Activities (Prevention) Act, the Arms Act, and the Prevention of Damage to Public Property Act, along with offences under the Indian Penal Code.
Other individuals charge-sheeted in the case include former AAP councillor Tahir Hussain, Jamia Coordination Committee members Safoora Zargar, Meeran Haider, and Shifa-Ur-Rehman, activist Khalid Saifi, and several others.
A supplementary chargesheet was later filed against former JNU student leader Umar Khalid and student Sharjeel Imam.
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