Delhi riots case: High court grants bail to Pinjra Tod activist Devangana Kalita

Bail was granted in one of the cases filed against Kalita for alleged provocative speech ahead of the February riots in Delhi, saying it is the fundamental principle of criminal jurisprudence that every individual is presumed to be innocent till found guilty

The Delhi high court on Tuesday granted bail to Pinjra Tod member Devangana Kalita in one of the cases filed against her for alleged provocative speech ahead of the February riots in Delhi, saying it is the fundamental principle of criminal jurisprudence that every individual is presumed to be innocent till found guilty. It said police have failed to produce any material that her alleged hate speech instigated women of a “particular community” or it led to the loss of a young man’s life and damage to property.

MCD workers clean debris from the road following clashes in Chand Bagh, New Delhi on February 29, 2020. (Sonu Mehta/HTphoto)

The court cited the case diary produced in a sealed cover along with pen drive before it and added Kalita’s presence is seen at a peaceful agitation, which is a fundamental right guaranteed under Constitution’s Article 19.

Kalita was arrested along with another member of the group in May for their role in an anti-Citizenship (Amendment) Act (CAA) protest, which led to violent clashes during the Delhi riots. The two were booked for rioting, unlawful assembly, and inflammatory speeches.

“Admittedly, agitation was going on since long, print and electronic media was present throughout in addition to cameras of police department, but there is no such evidence which establishes that the alleged offence has taken place on the act done by the petitioner, except statements recorded under section 164 CrPC much belatedly, though, those witnesses were allegedly remain present at the spot throughout,” the court said.

It added no “prejudice would be caused” to the police investigation by the grant of relief to Kalita, and she would be prevented from suffering further unnecessary harassment, humiliation, and unjustified detention. The court said “similarly placed persons” like Kalita have not been arrested. It added the continued custody of the petitioner would serve no purpose.

Justice Suresh Kait granted the bail in lieu of ₹25,000 bond and surety of the same amount while directing Kalita against influencing any witnesses or tampering with the evidence. He underlined personal liberty is the most important fundamental right guaranteed by the Constitution.

Kalita has been arrested in four cases related to communal riots in north-east Delhi in February and has been charged under the stringent Unlawful Activities (Prevention) Act for her alleged role in “hatching a conspiracy along with other accused persons”.

The Delhi police have accused some anti-CAA protesters, who blocked a road and made inflammatory speeches, of planning the riots. The arrested anti-CAA protesters, who include students, activists, and local politicians, have denied the allegations and said the police have launched a witch-hunt against them. The violence claimed 53 lives.