DELHI HIGH COURT GRANTS BAIL TO SAFOORA ZARGAR ON HUMANITARIAN GROUNDS

DELHI HIGH COURT GRANTS BAIL TO SAFOORA ZARGAR ON HUMANITARIAN GROUNDS

-Shivangi Pathak

The 27-year-old student of Jamia Milia Islamia University has allowed the bail to Safoora Zargar by the Delhi High Court on Tuesday for the alleged conspiracy behind Delhi riots, after the Delhi Police stated that it had no objection to her release on humanitarian grounds. As she was arrested on April 10 and there were widespread concerns raised about the incarceration of Zargar, who is in the 23rd week of her pregnancy, in the overcrowded Tihar prison amid COVID-19.

On the behalf of the Delhi Police Solicitor General Tushar Mehta submitted that without going into the facts of the plea as well as without giving consideration to the precedent as the Safoora being released on bail provided she doesn’t indulge in activities she’s being investigated for and therefore, the state has no problem.

The Advocate Nithya Ramakrishnan, appearing for Zargar contended that for concerning the doctor regarding her health she might have to go to the Faridabad.

A bench of Justice Rajiv Shakhdher granted regular bail to Safoora based on the Centre’s concession on furnishing a personal bond of ₹10k and on the following conditions:

• She is not supposed to indulge in activities she is being investigated for.
• She should refrain from hampering the investigation.
• She has to take the permission of the concerned court before leaving the territory of Delhi.
• She has to get in touch with the Investigating Officer once in every 15 days through a phone call.

• The Court clarified that the order should not be “treated as a precedent” in this case or any other case.
• Justice Shakhdher also highlighted that he had received certain documents in “sealed cover” from the State, which he has not opened or perused. The same will be returned to the office of the Solicitor General, the judge said.
• Zargar has challenged before Delhi HC the June 4 order of Additional Sessions Judge, Patiala House Courts rejecting her bail application.
• She has been booked under the Unlawful Activities Prevention Act on the allegation that she hatched the criminal conspiracy behind the riots which happened in North East Delhi during February 23-25.
• The Delhi Police has filed a report in the Court stating that Zargar is ‘disposed towards creating turmoil’, and that she was part of the conspiracy to “destroy, destabilize and disintegrate the Government of India in order to compel to withdraw the Citizenship Amendment Act (CAA) and the alleged National Register of Citizens”.