Delhi riots: Supreme Court dismisses Delhi Police’s appeal against bail to Devangana Kalita

Incidents of murder, attempt to murder that took place during the riots were also attributed to Kalita’s speech. A total of 53 persons including two policemen died during the riots while over 600 were injured.

The Supreme Court on Wednesday refused to set aside the bail granted to Pinjra Tod activist Devangana Kalita, dismissing Delhi Police’s assertion that she is an influential person who can tamper with evidence.

A man stands near burnt motorcycles in a riot-affected area, at Shiv Vihar, in New Delhi on March 2, 2020. (Sanchit Khanna/HT Photo)

The Delhi high court on September 1 had granted bail to Kalita in one of the four cases filed against her by the Delhi Police over her alleged provocative speech as part of the widespread protest against the Citizenship Amendment Act (CAA). The police claimed that Kalita’s speech instigated women of a particular community during the February riots in north-east Delhi that preceded the visit of US President Donald Trump to India.

Incidents of murder, attempt to murder that took place during the riots were also attributed to Kalita’s speech. A total of 53 persons including two policemen died during the riots while over 600 were injured.

Dismissing police’s appeal against the HC’s bail order, the apex court bench of justices Ashok Bhushan, RS Reddy and MR Shah said, “It is only a grant of bail. She is not going to run away.” Additional Solicitor General (ASG) SV Raju arguing the appeal informed the court that the HC missed out to consider important evidence of witnesses in this case. The police claimed that Kalita is a resident of Assam while her husband resides in United Kingdom and she had no roots in the society.

“She is an influential person and can tamper with evidence,” ASG Raju argued. The bench remained firm on its view. The bench remarked, “Being influential does not mean you won’t get bail. And if she tampers with evidence, you can always seek cancellation of bail. We are not inclined to interfere.”

Even the Delhi high court order of September 1 was passed after going through the case records submitted by the police in a sealed cover. The HC found nothing on record to show that the alleged offences took place at the instance of the petitioner.

Kalita, a student of Jawaharlal Nehru University, was represented in the apex court by senior advocate Kapil Sibal. He said, “She (Kalita) will not leave the country.” Despite the Supreme Court order, Kalita will remain in jail in connection with another FIR lodged against her under the draconian Unlawful Activities (Prevention) Act. The Delhi HC had allowed Kalita to be released on bail in only one FIR on deposit of Rs 25,000 bail bond and surety of the like amount.

Even before the HC, the Delhi Police had vehemently opposed Kalita’s bail plea. But the HC noted there was no need to allow the petitioner to suffer further “unnecessary harassment, humiliation and unjustified detention” considering the fact that persons similarly charged as Kalita in the FIR have not been arrested.

The single judge of the HC had directed Kalita not to influence any witnesses in the case or tamper with evidence.