The high court said it was not inclined to interfere with the earlier bail for the former Congress councillor. However, it clarified that its observations were not on the merits of the case
NEW DELHI — The Delhi High Court on Friday ruled that former Congress councillor Ishrat Jahan had not violated any bail conditions set by the Karkardooma Court when it granted her bail in the larger conspiracy case linked to the 2020 Delhi riots.
The high court said the lower court granted bail to her on 14 March 2022, and during the more than four years of her release, there has been no allegation that she has violated any bail condition. Accordingly, a division bench of Justice Navin Chawla and Justice Ravinder Dudeja dismissed the Delhi Police appeal challenging the bail granted to her.
The bench declined to interfere with the earlier order but clarified that its observations were not on the merits of the case. “We make it clear that we have not expressed any opinion on the merits of the case,” the judges stated.
The court said it was not inclined to interfere with the earlier bail order. However, the bench clarified that its observations were not on the merits of the case. The judges stated, “We make it clear that we have not expressed any opinion on the merits of the case.”
Jahan was arrested on 26 February 2020 in connection with FIR No. 59/2020, which invokes charges under the Unlawful Activities (Prevention) Act (UAPA).
She was granted bail in 2022 after the special court found that she was not a member of any incriminating WhatsApp groups or organisations allegedly involved in the conspiracy.
The Delhi Police had argued that the trial court ignored evidence of a pre-planned conspiracy aimed at timing the riots with the visit of then-US President Donald Trump. It also argued that the bail order suffered from legal errors and went against established principles laid down by the Supreme Court in earlier judgments, including the NIA versus Zahoor Ahmad Shah Watali case.
The high court agreed with the principle that bail once granted should not be lightly interfered with, especially when there is no misuse of liberty or violation of conditions.
With this ruling, Ishrat Jahan will continue to remain on bail as the trial in FIR 59 of 2020 proceeds.
While Jahan remains on bail, other high-profile accused in the same case, including Umar Khalid and Sharjeel Imam, remain in custody as their bail pleas were recently denied.
FIR 59 of 2020 is one of the key cases registered in connection with the Delhi riots, and involves multiple accused persons charged under the UAPA along with provisions of the Arms Act, Prevention of Damage to Public Property Act, and Indian Penal Code.
