The Delhi Police on Monday asked the Delhi High Court for a day to “seek instructions” on a bail plea by Jamia student Safoora Zargar, charged under the Unlawful Activities Prevention Act (UAPA) for her alleged role in the northeast Delhi riots.
Justice Rajiv Shakdher, hearing the case through a video conference, allowed this after Zargar’s counsel said she has no objection to it.
Before this, the police claimed in the Delhi high court on Monday that Zargar is not entitled to bail on the grounds of pregnancy as the law does not make any distinction in this regard.
Police told the court that Delhi’s jails have had many pregnant inmates. They said that in the past 10 years, 39 deliveries have taken place inside the prison.
“...there is no exception carved out for pregnant inmate, who is accused of such heinous crime, to be released on bail merely because of their pregnancy. The law provides for adequate safeguards and medical attention during their custody in jail,” police said.
Zargar, an MPhil student of Jamia Millia Islamia, approached the court seeking bail on the ground that she is pregnant and has severe medical complications.
{{/usCountry}}Zargar, an MPhil student of Jamia Millia Islamia, approached the court seeking bail on the ground that she is pregnant and has severe medical complications.
{{/usCountry}}In the course of the hearing, the police claimed that Zargar was part of a conspiracy to use any means to cause death and injury to people. It also claimed that she was one of the main conspirators in the commission of the serious offence of causing large-scale disruption and riots, not only in Delhi but also in other parts of the country.
” The severity of the offence is in no manner mitigated by the factum of pregnancy….,” it added.
Zargar was arrested on April 10 for allegedly conspiring with other persons to instigate and start riots in northeast Delhi. At least 53 people died and 400 others were injured in the riots in February. She is seeking bail on the grounds that she has medical complications in her pregnancy.
In a status report, Delhi Police said that based on an investigation, a case is clearly made out from the statements of witnesses.
Many student groups across Delhi have held protests seeking Zargar’s release. Students bodies and activists have accused Delhi Police of launching a witch hunt against student activists, especially those who took part in protests against the Citizenship (Amendment) Act. Zargar earlier told the court she was only part of the protests and has denied the police allegations.
Solicitor General Tushar Mehta and Additional Solicitor General (ASG) Aman Lekhi represented Delhi Police. During the hearing, advocate Rahul Mehra, the standing counsel of the Delhi government (criminal), told the court that the SG and the ASG ought to have taken permission from the city government to appear in the matter. The court did not weigh in on this.
On June 4, a city court dismissed Zargar’s bail plea, stating that “right of speech and expression and for that matter protest or demonstration, is not an absolute right and subject to reasonable restrictions under the Indian Constitution”.