The Delhi High Court has dismissed an appeal filed by the Delhi Police challenging the bail granted to former Congress councillor Ishrat Jahan in the 2020 Northeast Delhi riots conspiracy case. A division bench, comprising Justice Sanjeev Sachdeva and Justice Manoj Jain, upheld the trial court's 2022 decision, noting that the prosecution failed to provide sufficient grounds to reverse the earlier order.
Ishrat Jahan was booked under the stringent Unlawful Activities (Prevention) Act (UAPA) for her alleged role in a "larger conspiracy" behind the riots. She was granted bail by a Karkardooma court in March 2022, which observed that the evidence at that stage was not sufficient to keep her in custody indefinitely, especially considering she was not physically present at the sites where the violence broke out.
Key Highlights of the Judgment:
- No Interference Found: The High Court observed that Jahan had been out on bail for over two years without any reports of violating her bail conditions or attempting to influence witnesses.
- Role Clarification: The bench noted the trial court’s finding that Jahan's role was distinct from other co-accused who were allegedly involved in the direct incitement of violence.
- Liberty vs. Prosecution Claims: The court reiterated that the right to liberty is a fundamental principle, and once bail is granted by a lower court, a superior court will only intervene if the order is perverse or if there is a clear misuse of the liberty granted.
The Delhi Police had argued that the trial court ignored the gravity of the offenses and the "pre-planned" nature of the conspiracy. However, the High Court maintained that the investigation’s reliance on circumstantial links was not enough to set aside the bail order at this advanced stage of the proceedings.
This ruling is a significant development in the ongoing legal battles surrounding the 2020 riots, as it reaffirms the bail status of one of the few high-profile accused individuals in the conspiracy case who has successfully secured and maintained their freedom pending trial.