New Delhi, 24 April (H.S.):

A bench of the Delhi High Court headed by Justice Navin Chawla has dismissed Delhi Police’s plea seeking cancellation of bail granted to accused Ishrat Jahan in the case relating to the alleged conspiracy behind the 2020 Delhi riots. The bench observed that Ishrat Jahan had been granted bail by the trial court four years ago and that a substantial period had elapsed without any allegation of her violating the conditions of bail.

In these circumstances, the court held that there was no ground to set aside the earlier bail order and accordingly rejected the police’s application.

Ishrat Jahan was originally granted bail on March 14, 2022, by the Karkardooma Sessions Court. She had been arrested on February 26, 2020, in connection with the violence that erupted in northeast Delhi.

A First Information Report against her was registered under Sections 109, 147, 148, 149, 186, 307, 332, 353 and 34 of the Indian Penal Code, as well as relevant provisions of the Arms Act. Police allege that she made provocative speeches, telling the crowd: “We may die, but we will not move from here; even if the police does anything, we will take our freedom,” and that on February 26, 2020, police personnel were pelted with stones and shots were fired at Jaffrabad in the Jagatpuri area.

In the broader conspiracy case registered under the Unlawful Activities (Prevention) Act, charge sheets have been filed against 18 accused, including Safoora Zargar, Tahir Hussain, Umar Khalid, Khalid Saifi, Ishrat Jahan, Miran Haider, Gulphishan, Shifa Ur Rahman, Asif Iqbal Tanha, Shadab Ahmad, Tasleem Ahmad, Salim Malik, Mohammad Salim Khan, Athar Khan, Sharjeel Imam, Faizan Khan, Natasha Narwal and Devangana Kalita. Among these, Ishrat Jahan, Safoora Zargar, Asif Iqbal Tanha, Devangana Kalita, Natasha Narwal, Gulphishan Fatima, Miran Haider, Shadab Ahmad and Mohammad Salim Khan have already been granted bail.

The High Court made clear that its order rejecting the cancellation plea does not amount to any opinion on the merits of the larger case, which remains pending trial.

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Hindusthan Samachar / Jun Sarkar