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Patiala House court denies bail to SafooraZargar;says prima facie evidence proves ‘Conspiracy’in Delhi riots

Team SoOLEGAL 6 Jun 2020 2:34pm

Patiala House court denies bail to SafooraZargar;says prima facie evidence proves ‘Conspiracy’in Delhi riots

On Thursday 4th June 2020, the Patiala house court in Delhi denied bail to Safoora Zargar. Zargar is a Jamia Millia Islamia University's research scholar who is currently in judicial custody in association with her alleged role in the conspiracy case of Delhi riots, which is being investigated by the Special Cell of the Delhi police.

The prosecution argued that the "inflammatory speech" given by Safoora Zargar in North East Delhi on 23rd February contributed to the violence and rioting. Additional Sessions Judge Dharmender Rana of Patiala House Court noted that there is prima facie evidence suggesting that there has been a "conspiracy to at least block the roads (chakka jam)".

As per Justice Rana, “I am not discussing in detail the particulars of the prosecution witnesses so as not to unnecessarily prejudice the on-goinginvestigation and the safety and security of the witnesses is also one of my primary concerns. However, from the statement recorded under Section 161 and 164 CrPC 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 road(chakka jam)”.

Justice Rana further stated that there is prima facie evidence to invoke the provisions of the Unlawful Activities Prevention Act, 1967against her. He said, “From the material on record, one cannot ignore the case of the prosecution that the accused persons have conspired to cause disruption to such an extent and such a magnitude that it would lead to disorderliness and disturbance of law and order at an unprecedented scale”.

Zargar's attorneys stated that she was holding peaceful protests against the Citizenship Amendment Act and was exercising her fundamental right to speech and expression. They have also applied for bail on humanitarian grounds, stating that she is 21 weeks into her pregnancy and is allegedly suffering from Poly Cystic Ovarian Disorder.

They also informed the court that her condition was becoming all the more vulnerable due to the COVID-19 crisis, and pointed out that the coronavirus infection had been contracted by prisoners in Delhi's jails. While rejecting her bail plea, the judge ordered the concerned prison superintendent to provide her with sufficient medical treatment and assistance.

 



Tagged: Patiala House court   Safoora Zargar   Delhi riots   Jamia Millia Islamia University   Delhi police   Judge Dharmender Rana  
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