Ishrat Jahan did not create Idea of Chakka Jam; not a Part of Incriminating WhatsApp groups: Delhi High Court

UAPA Unlawful Activities Prevention Law Inside

Anurupa Pal

Published on: March 15,2022 at 21:36 IST

The Delhi High Court held that it was “Persuaded” to give her a reprieve despite the Embargoes under the Unlawful Activities Prevention Act (UAPA) and the Code of Criminal Procedure said while Granting Bail to Ishrat Jahan.

“The Entire Conspiracy as spelt out in the Charge-sheet, as far as it ascribes the role of Jahan, who is a woman, for the limited purpose of Bail on Prima Facie considerations, persuades this Court to allow the present Application for Bail despite the embargoes in Criminal Procedure Code and Unlawful Activities Prevention Act,” said the Order of Additional Sessions Judge Amitabh Rawat.

Here are some of the points of the Bail Order passed by The Court:

  • Ishrat Jahan was not the one who created the idea of Chakka Jam. She is also not a member of any of the organisations or WhatsApp groups which played a Role in the entire Conspiracy.
  • It is not the Case of the Prosecution that she gave directions to other Accused Persons to contend that her position and Conspiracy was bigger than others.
  • Even if it is accepted that she had connectivity with other Accused Persons such as Amanullah, Khalid Saifi, Tasleem, Natasha Narwal and Safoora Zargar, the fact remained that she was neither physically present in North East Delhi for riots nor was she part of any group, organisation or WhatsApp or her name cropped up in “flurry of calls” or in any CCTV footage.
  • She is not a member of Muslims Students of Jamia (MSJ) or Jamia Coordination Committee (JCC), or Pinjar Tod, or Students of Jamia (SOJ) or Alumni Association of Jamia Millia (AAJMI) or Delhi Protest Support Group.

Ishrat Jahan was directed to Furnish a Personal bond of ₹50,000 with a couple of sureties, besides a slew of conditions that Prohibit her from leaving Delhi without the Court’s Permission, Tampering with the Evidence or Contacting Witnesses.

“She will co-operate in the Investigation and not indulge in any activity influencing it. She shall attend the court on every date of hearing or as directed by court. She will not indulge in any activity for which she is Investigated/tried during the Bail period,” The Court directed.

Ishrat Jahan was arrested in March 2020 in connection with Delhi Riots First Information Record No 59/2020 for the Alleged commission of Offences under Provisions of the Indian Penal Code, Prevention of Damage to Public Property Act, Arms Act and the Unlawful Activities Prevention Act (UAPA).

Also read:

Analyzing the Anti-Terror Legislation- Unlawful Activities (Prevention) Act.

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