The Delhi High Court on Friday declined to interfere with a trial court order granting bail to former Congress councillor Ishrat Jahan in the 'larger conspiracy' case linked to the February 2020 riots in northeast Delhi.
Observing that a considerable period of more than four years has passed since the impugned order and there is no allegation that the respondent has violated the terms of the bail, a bench of Justices Navin Chawla and Ravinder Dudeja dismissed the Delhi Police's appeal challenging the trial court's order dated March 14, 2022.
Background of the Case
Ishrat Jahan, along with Umar Khalid, Sharjeel Imam, and several others, has been booked under the Unlawful Activities (Prevention) Act (UAPA) for allegedly being the 'masterminds' behind the riots, which resulted in 53 deaths and over 700 injuries. The violence erupted during protests against the Citizenship (Amendment) Act and the National Register of Citizens.
Police's Arguments
The police had argued that the bail was against the law as it failed to consider the gravity of the offence and the evidence suggesting that the violence erupted pursuant to a conspiracy hatched by Jahan and the co-accused. They contended that the trial court lost sight of the fact that Jahan, being closely connected with the other conspirators, played a very active role in the entire conspiracy, including organising the so-called protest at the protest site, which resulted in riots, killing numerous people, besides injuries and destruction of property.
Trial Court's Reasoning
The trial court had said that the role of Jahan, on prima facie consideration, persuaded it to grant her relief. As per the chargesheet or the statement of witnesses, Jahan was neither the one who created the idea of 'chakka-jam' nor was she a member of any of the incriminating WhatsApp groups or organisations. It pointed out that she was involved in the protest site at Khureji, which was not located in the riot area, and her name did not crop up in the flurry of calls or any CCTV footage or in any conspiratorial meetings.
The High Court's decision to uphold the bail comes after considering that Jahan has not violated any bail conditions over the past four years. The appeal by the Delhi Police was thus dismissed.
