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The Delhi High Court on Friday dismissed an appeal filed by the Delhi Police challenging the bail granted to former Congress councillor Ishrat Jahan in an FIR which pertains to the alleged larger conspiracy behind the 2020 Delhi riots.
A division bench comprising Justice Navin Chawla and Justice Ravinder Dudeja observed that more than four years have elapsed since the grant of bail, and there have been no allegations of violation of bail conditions by Jahan during this period. Taking note of this, the Court said it was not inclined to interfere with the earlier bail order and dismissed the appeal. Jahan had been granted bail in March 2022 by a special court, which noted that she had neither originated the idea of a road blockade nor was she a member of any organisation or WhatsApp group allegedly involved in the conspiracy. She was arrested in March 2020 under provisions of the Indian Penal Code, the Prevention of Damage to Public Property Act, the Arms Act, and the Unlawful Activities (Prevention) Act. In its appeal, Delhi Police argued that the trial court had overlooked crucial evidence and witness statements indicating a pre-planned conspiracy to incite large-scale violence in the national capital. It also alleged that the riots were timed to coincide with the visit of then US President Donald Trump to attract international media attention, and contended that the bail order suffered from serious legal infirmities. Subsequently, on January 19, 2024, Additional Sessions Judge Amitabh Rawat framed charges in the case, including attempt to murder and rioting. The case involves multiple accused, including Khalid Saifi, Vikram Pratap, Samir Ansari, and Mohd. Salim, Sabu Ansari, Iqbal Ahmed, Anzaar, Mohd. Ilyas, Mohd. Bilal Saifi, Salim Ahmed, Mohd. Yameen and Sharif Khan. According to the prosecution, Jahan and co-accused allegedly instigated the crowd to remain at the protest site and engage in stone-pelting at police personnel. It is alleged that the crowd turned violent, leading to stone-pelting, firing at the police, and assault on officers. A police constable, Vinod, sustained injuries and was hospitalised. The police reportedly resorted to firing in the air and using tear gas shells to disperse the mob. Meanwhile, the Supreme Court recently rejected a review plea filed by student activist Umar Khalid, another accused in the larger conspiracy case. A bench of Justice Aravind Kumar and Justice N V Anjaria held that there was no ground to review its earlier judgment denying him bail. Khalid, who was arrested on September 13, 2020, is accused of delivering provocative speeches during February 2020, around the time of protests against the Citizenship Amendment Act (CAA) and the proposed National Register of Citizens (NRC). The February 2020 violence in northeast Delhi resulted in 53 deaths and left over 700 people injured. In the conspiracy case, the Delhi Police had arrested 18 individuals, of whom 11 have been granted bail so far. (ANI)
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