New Delhi: In a blow to the Delhi police who strongly opposed her release despite having no evidence linking her to any act of violence, the Delhi High Court on Tuesday morning granted bail to member Pinjra Tod. and Jawaharlal Nehru University student Devangana Kalita in a riot related to the Delhi riots. case. The FIR in the case – No. 50/2020 – accused her of instigating the people of Jaffrabad, where there was a protest against the Citizenship (Amendment) Act, to join the riots.
A single judge bench of Judge Suresh Kumar Kait granted Kalita bail. Lead attorney Kapil Sibal had appeared on his behalf, arguing that the trial court had only said that Kalita participated in protests against the CAA and not that he instigated the violence. LiveLaw reported.
The bond is subject to Kalita providing a personal bond of Rs 25,000 with a guarantee of the same amount to the satisfaction of the trial court, if not required in any other case.
The court said Kalita met the triple test to release a person on bail. In his order, Judge Kait said:
“… No harm would be caused to the Respondent’s investigation by awarding reparation to the petitioner, and it would prevent her from suffering further unnecessary harassment, humiliation, and unjustified detention. In addition, persons similarly located as the petitioner, according to documents placed in the file by the investigating agency, have not been arrested by the investigating agency in the subject FIR, and as such, the petitioner’s continued custody in the subject FIR. it would be useless. purpose.”
The judge said he had looked at the internal journal of the case that was given to him in a sealed cover, and that also did not prove that Kalita had instigated anyone to riot. He was present in a “peaceful agitation”, which is a “fundamental right”.
“… although their presence is seen in peaceful upheaval, which is a fundamental right guaranteed by Article 19 of the Indian Constitution, yet (the Delhi police) did not produce any material that in their speech instigated women from a particular community or gave a hate speech “because the precious life of a young man was sacrificed and property was damaged … there is no such evidence to establish that the alleged crime occurred in the act of by the petitioner, except for statements recorded in Article 164 Cr.PC very late, however, these witnesses supposedly remained present at all times, ”the court noted.
Judge Kait had previously asked the police to show him videos of Kalita making “instigating” speeches during the riots. Police had said they did not have those videos.
Sibal argued that since the charge sheet was filed, Kalita no longer needs to be in jail for the investigation. There was also no evidence to suggest that she might intimidate witnesses or that she was in danger of escape.
When appearing before the police, the additional attorney general SV Raju had objected to the bail bond, saying that the FIR invoked serious charges that included murder and attempted murder, and therefore it was not the same as another case of riots of Delhi where he had already obtained bail. The court, however, was not convinced by the arguments of the ASG and said: “I find no basis in the arguments of the ASG learned and the cases on which it is based do not help in the facts and circumstances of the present case.”
Kalita has been named in four FIRs related to the Delhi riots, including one invoking the strict Illegal Activity (Prevention) Act. A Delhi court had last week dismissed Kalita’s bail declaration in the UAPA case, although her lawyer had argued that the law had been wrongly invoked and no case had been filed under it.
Kalita was arrested on May 23 in a case related to riots in northeast Delhi. Although the court had granted her bail the following day in the case, she was arrested by the Crimes Section in connection with a murder case related to the riots.
On May 30, she was arrested in a case related to violence in the Daryaganj area of Old Delhi in December last year. The court had granted him bail in the case.
She was arrested again and slapped with the UAPA in early June for her alleged role in inciting communal unrest.
Pinjra Tod was founded in 2015 with the aim of making hostels and paid accommodation less restrictive for female students. Another student activist from the women’s organization, Natasha Narwal.
Various civil society groups and women’s organizations have condemned the arrests of Kalita, Narwal and other rights activists and anti-CAA protesters in the Delhi riots. It has been alleged that the Delhi police are protecting those responsible, including top BJP leaders who made inflammatory speeches, and are instead targeting those who dissent from the CAA.
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