The Delhi High Court on Tuesday granted bail to Pinjra Tod activist Devangana Kalita, arrested in connection with the northeast Delhi riots case , noting that the police have failed to show any material showing her delivering any instigating speech to women of a particular community or hate speech.
Justice Suresh Kumar Kait also ordered Ms. Kalita not to “directly or indirectly influence any witness or tamper with the evidence”. She will also not leave the country without permission of the trial court.
The bail given to Ms. Kalita in connection with an FIR registered on February 26, 2020 at Police Station Jafrabad which is being investigated by the Crime Branch.
She is currently facing four different FIRs connected with the anti-Citizenship (Amendment) Act (CAA) protest in Jafrabad, northeast Delhi riots and violence in Daryaganj during a protest against the new citizenship law last year.
Senior advocate Kapil Sibal, appearing for Ms. Kalita, had informed the High Court that she had already secured bail in two of the FIRs.
‘Main conspirator’
Additional Solicitor General S.V. Raju, representing Delhi police, had argued that Ms. Kalita had emerged as a main conspirator in the FIR. Ms. Kalita, with an intention to flare communal passion and to instigate a section of the people to indulge in rioting, did all the preparatory work such as organising and mobilisation of crowd, sustaining the mobilised mob of a particular community at the protest site, the ASG had argued.
Mr. Raju said that she was physically present at the site at 66 Foota Road, under Jafrabad Metro Station, Delhi since the beginning on February 22 till the final dispersal of the violent crowd late on the evening on February 25.
“I have gone through the inner case diary produced in a sealed cover along with pen drive and found that though her presence is seen in peaceful agitation, which is fundamental right guaranteed under Article 19 of the Constitution of India,” Justice Kait said.
However, police “failed to produce any material that she in her speech instigated women of a particular community or gave hatred speech due to which the precious life of a young man has been sacrificed and property damaged,” the High Court said.
“There is no such evidence which establishes that the alleged offence has taken place on the act done by the petitioner [Ms. Kalita],” the court observed.
Justice Kait further noted that as per the Inner Case Diary (produced in a sealed cover), statements of witnesses (identity withheld) were recorded much belated on June 30, July 03 and July 08, and witness is claimed to be present throughout, since December 2019, when the agitation initially started against the CAA. The judge also stated that the charge sheet had already been filed against her on June 2.
“In view of above facts, I find no substance in arguments of learned ASG and cases relied upon are no help in the facts and circumstances of the present case,” the High Court said.
Justice Kait also highlighted that persons similarly placed as Ms. Kalita, as per documents placed on record by the investigating agency, had not been arrested by the investigating agency in the same FIR while she continued to be kept under custody.
Ms. Kalita was first arrested on May 23, along with fellow JNU student Natasha Narwal in relation with an FIR registered on February 24 over the sit-in protest at Jafrabad Metro Station against the CAA.
Delhi police has also invoked Sections of the stringent anti-terror law — Unlawful Activities (Prevention) Act — in a separate case related to the communal violence against Ms. Kalita.
