UAPA 's second day accused Safoora Zargar's bail plea in the high court in Delhi ended with Justice Rajiv Shakdher adjourning the case for 23rd June 2020, after Solicitor General Tushar Mehta sought the same.
This is their fourth bail-out attempt.
Now almost 24 weeks pregnant, her lawyers are challenging the 4th June 2020 order of the trial court denying her bail under FIR number 59.
Under this FIR, in the Delhi riots, the Delhi Police investigated the conspiracy theory. Unlawful Activities Prevention Act (UAPA), the stringent anti-terror law, has been invoked here.
‘Pregnancy Not Grounds for Bail’:
It was argued that thirty-nine deliveries have taken place in Tihar jail over the last ten years and that adequate medical care was being given to Safoora.
Police from Delhi claimed her pregnancy could not be grounds for bail.
"In this regard, the law makes no distinction. It is claimed that the law unambiguously contemplates provisions for dealing with pregnant crime in itself means that the law requires the use of penalty against this form of the offender, "read the status study.
The report by Special Cell DCP PS Kushwaha stated that "the very fact of rearing of life ought to have been a check on activities (by Zargar) which had a potential to cause, and which did in fact cause large-scale destruction of life and properties”.
Delhi Police said that Zargar is lodged in a separate cell, all alone, and is being attended to regularly by doctors, apart from being given a good diet and required medicines.
"In fact, more care and caution are being practiced in jail so far as social distancing norms are concerned that would be available to her outside the jail premises," said the report, strongly resisting her release on bail.
'In conspiracy, Zargar played an important role'
Delhi Police said Safoora visited the Khureji protest site and gave “provocative speeches to incite other caste and community feelings, "alleged the police.
They said that Zargar played an important role as the founder of the Jamia Coordination Committee and has been a key link in the conspiracy from the beginning.
Police's status report read that the applicant's detention was significantly triggered and noted that there are significant and valid explanations for why she remains in custody. Referring to WhatsApp chats that were corroborated by witness statements, the police claimed that sufficient evidence existed to establish a prima facie case.
Hintergrund of The Event:
Jamia Millia Islamia student and anti-CAA activist's lawyers had moved to the high court on 18th June 2020, a notice was issued to the state at the end of that hearing. The Delhi Police was given the time by 21st June 2020, to file a status report on the matter and on 22nd June 2020, listed the matter for further hearing.
It is the fourth time since she was arrested on 10th April 2020, Zargar 's lawyers have been moving the court for parole. The first time was on 18th April 2020, when UAPA was not yet invoked, which was dismissed on 21st April 2020,
after the anti-terror law was invoked. Then a bail application was moved again on 2nd May 2020, but withdrawn in court after arguments. The Court dismissed the third bail application on 4th June 2020.
During this third bail application between the public prosecutors and Zargar's lawyers, arguments lasted for eight hours over two days, on 30th May 2020, and 4th June 2020.
At the end of the hearing, she was denied bail by Additional Sessions Judge (ASJ) Dharmender Rana. While dismissing the plea, Rana said he ‘did not find merits in the bail application’.
Latest Update: Safoora Zargar was granted bail by the Delhi High Court on Tuesday (June 23, 2020) on humanitarian grounds in adherence to furnishing a personal bond of Rs. 10,000/- and certain other conditions.