Delhi HC Grants Bail To Jamia Student Safoora Zargar

NEW DELHI: The Delhi High Court on Tuesday granted bail to Safoora Zargar, the pregnant Jamia university student, after Solicitor General Tushar Mehta did not oppose the court's decision on humanitarian grounds.

Zargar was arrested under anti-terror law UAPA in a case related to communal violence in northeast Delhi during protests against the Citizenship Amendment Act.

At the outset, Mehta, representing Delhi Police, submitted that Zargar can be released on regular bail on humanitarian grounds and the decision has not been taken on merits of the case and should not be made a precedent.

Justice Rajiv Shakdher, who conducted the hearing through video conferencing, released Zargar, who is 23-week pregnant, on bail on furnishing a personal bond of Rs 10,000 and surety of the like amount.

The court also set conditions for her bail. It said she shall not indulge in any activity for which she is being investigated and shall not hamper or interfere with the on-going investigation or influence the witnesses. It also said that in case Zargar needs to travel, she has to seek permission from the trial court and will remain in touch with the investigating officer of the case over mobile phone once in 15 days.

Advocate Nitya Ramakrishnan, representing Zargar, said she has no difficulty with the statement made by the Solicitor General.

The court made it clear that the order is not passed on merits and it be not treated as precedent.

On Monday, Mehta had sought a day’s time to take instructions on the issue.

Delhi Police, in its status report, opposed Zargar’s bail plea saying a clear and cogent case has been made out against her as such she is not entitled to bail in view of grave and serious offences which have been meticulously and surreptitiously planned and executed by her.

The police said there is strong, cogent, reliable and sufficient material available proving the direct involvement of Zargar, M Phil student of Jamia Millia Islamia University.

The police said she has been lodged in a separate cell and chances of her contracting coronavirus from any other person do not arise.

Further, it maintained that there is no exception carved out for a pregnant inmate who is accused of such heinous a crime to be released on bail merely because of pregnancy.

The police said that 39 deliveries have taken place in Delhi prisons in the last 10 years.

Jamia Coordination Committee member Zargar, who was arrested by the Special Cell of Delhi Police on April 10, had challenged in the high court the June 4 order of the trial court denying her bail in the case.

Communal clashes had broken out in northeast Delhi on February 24 after violence between citizenship law supporters and protesters spiralled out of control leaving at least 53 people dead and scores injured.