Natasha Narwal, a Pinjra Tod activist, was granted three weeks' interim bail today (10th May, 2021) by the Delhi High Court to allow her to perform the last rites of her father, who died last night due to the COVID-19, in Rohtak. An order to this effect was passed by A bench of Justices Siddhart Mridul and AJ Bhambani.
A Division Bench of Justices Siddharth Mridul and Anup J. Bhambhani noted that, except her there is no one else in the family who could perform the cremation and last rites, and that her father's body is waiting to be accepted in the hospital.
"In the interest of justice, we believe that the applicant's release is required in this time of grief and personal loss, as well as the facts and circumstances of the case. Natasha Narwal, the applicant, is thus released on three weeks interim bail subject to the following conditions, "the bench stated.
The relief is conditional on the submission of a personal bond in the amount of Rs. 50,000 to the satisfaction of the Jail Superintendent.
Because her lone sibling is currently in self-isolation due to the COVID Pandemic, the Court has exempted her from filing sureties. The Court also ordered her to keep "radio silence" on the pending case against her in the Delhi riots.
Advocate Adit S Pujari raised the issue before the bench, which reserved its decision on her bail application last month. Advocate Pujari argued that there is no one else in the family who can perform the last rites and that the deceased's body is in the hospital waiting to be accepted. As a result, he requested that Natasha be released on interim bail for the same.
"Doesn't anyone else in the family want to do the cremation?" Justice Mridul inquired. "Your lordships, there is no one. Her mother died 15 years ago. Her brother is down with COVID ", Pujari replied.
Amit Mahajan, representing the State, stated that the allegations are true and that the State does not oppose the application. The Court then inquired about Natasha's residential address. It was learned that a police station is close to her home.
The Court has directed her to provide her phone number to the Station House Officer and PS Crime Branch, Special Cell.
Natasha had previously requested bail on the grounds that her elderly father had been hospitalized in Rohtak, Haryana, due to being COVID positive. It was also stated that her brother, who was caring for her father, tested positive and was thus unable to care for their elderly father.
On April 28, the Bench reserved its decision in Narwal's bail petition. Narwal is currently imprisoned in Tihar as an accused in a UAPA case alleging that the anti-CAA protests she organised were a plot to incite communal riots.
Narwal has been charged with a number of offences under the Indian Penal Code and the Unlawful Activities Prevention Act. In January of this year, her bail plea was denied by alocal court in Delhi . It found that the allegations against her are prima facie true and that the UAPA provision was properly invoked against her.
In February, the High Court issued a notice of appeal against the aforementioned order. The High Court reserved judgement on her bail application last month.
