A Delhi court on Thursday dismissed bail plea of Jamia Coordination Committee media coordinator Safoora Zargar in connection with north-east Delhi violence case.
Additional Sessions Judge Dharmender Rana rejected the contention raised by Ms. Zargar, stating that she is only liable for her individual acts and the speeches delivered or the acts of the other members of the group cannot be read against her.
Even if no direct violence is attributable to Ms. Zargar, she cannot shy away from her liability under the provisions of the stringent Unlawful Activities Prevention Act (UAPA), the judge said.
“When you choose to play with embers, you cannot blame the wind to have carried the spark a bit too far and spread the fire,” the judge remarked adding, “The acts and inflammatory speeches of the co-conspirators are admissible u/s 10 of the Indian Evidence Act even against the applicant.”
The court also directed the jail authorities to provide adequate medical aid to Ms. Zargar.
In her bail application, Ms. Zargar had contended that from the material available on record, no act of whatsoever nature, is attributable to her which fomented or incited any violence.
Her advocate also submitted that Ms. Zargar was “mischievously” arrested in the present case by the Special Cell of Delhi Police to illegally curtail her liberty upon her release on bail in another case.
It was argued that registration of second FIR on the same facts is impermissible. Ms. Zargar was arrested on April 13.
It was also pleaded that Ms. Zargar deserves to be on bail on humanitarian grounds as she was 21-week pregnant and suffering from Poly Cystic Ovarian Disorder.
Her condition became all the more vulnerable due to COVID-19 situation in jails, her counsel argued.
On the other hand, Delhi Police “vehemently” opposed the bail application on the ground that there was enough material available on record to show that she was involved in Delhi riots and the prosecution has rightfully involved the provision of the UAPA.
While not delving into the merits of the case at this stage, the court said, “the statement recorded...coupled with the WhatsApp chat available on record, it can be safely inferred that there is prima facie, evidence to show that there was a conspiracy to at least blockade the roads”.
It said any activity which has a tendency to create a disorder or disturbance of law and order to such an extent that the entire city is brought to its knees and the entire government machinery is brought to a grinding halt, such activity would obviously be treated as an unlawful activity within the meaning of Section 2(o) of the UAPA.
