Delhi riots: Safoora Zargar’s plea dismissed

She cannot shy away from liability under provisions of UAPA, says court

Published - June 05, 2020 01:14 am IST - New Delhi

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.

0 / 0
Sign in to unlock member-only benefits!
  • Access 10 free stories every month
  • Save stories to read later
  • Access to comment on every story
  • Sign-up/manage your newsletter subscriptions with a single click
  • Get notified by email for early access to discounts & offers on our products
Sign in


Comments have to be in English, and in full sentences. They cannot be abusive or personal. Please abide by our community guidelines for posting your comments.

We have migrated to a new commenting platform. If you are already a registered user of The Hindu and logged in, you may continue to engage with our articles. If you do not have an account please register and login to post comments. Users can access their older comments by logging into their accounts on Vuukle.