Safoora Zargar: Delhi Police Says Pregnancy Not Grounds for Bail

This is the fourth attempt of the Jamia Millia Islamia student Safoora Zargar applying for bail.

2 min read
Hindi Female

The second day of UAPA accused Safoora Zargar’s bail plea in the Delhi high court ended with Justice Rajiv Shakdher adjourning the matter for 23 June after Solicitor General Tushar Mehta sought the same.

This is their fourth attempt for bail.

Now almost 24 weeks pregnant, her lawyers are challenging the 4 June order of the trial court denying her bail under FIR number 59.

Under this FIR, the Delhi Police is investigating the conspiracy theory in the NE Delhi riots. The strict-anti terror law, Unlawful Activities Prevention Act (UAPA), 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.

Delhi police asserted that her pregnancy cannot be grounds to grant bail.

“The law does not make any distinction in this regard. It is stated that the law unambiguously contemplates provisions to deal with pregnant criminal which itself indicates that the law permits use of sanction against this class of offenders,” the status report read.


‘Zargar Played Important Role’ in Conspiracy

Delhi Police said that Safoora visited the Khureji protest site and gave provocative speeches to incite the feelings of other caste and communities,” the police alleged.

They said that as the founder of the Jamia Coordination Committee Zargar played an important role and was a key link of the conspiracy since the beginning.

The status report of the police read that there were substantial cause for the arrest of the applicant and added that there are grave and compelling reasons that she remains in custody. Referring to WhatsApp chats which were corroborated by the statements of the witnesses, the police claimed that there was sufficient evidence to make out a prima facie case.


Background of The Case

The lawyers of the Jamia Millia Islamia student and Anti-CAA activist had moved high court on 18 June, at the end of that hearing a notice was issued to the state. The Delhi Police was given time to file status report on the matter by 21 June and listed the matter for further hearing on 22 June.

This is the fourth time Zargar’s lawyers were moving court for bail ever since she was arrested on 10 April. The first time was on 18 April when UAPA was not yet invoked, which was rejected on 21 April after the invocation of the anti-terror law. Then again on 2 May a bail application was moved, but withdrawn after arguments in court. The third bail application was rejected by court on 4 June.

Arguments lasted for eight hours over two days, on 30 May and 4 June, during this third bail application between the public prosecutors and Zargar’s lawyers.

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’. The arguments made in court can be read here.

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