Delhi court rejects bail of Safoora Zargar: "a larger conspiracy is discernible"
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Safoora Zargar (file photo)[/caption]
On Thursday, Delhi's Patiala house court denied bail to 27 year old, Jamia coordination committie's media co-ordinator, Safoora Zargar.
"When you choose to play with embers, you cannot blame the wind to have carried the spark a bit too far and spread the fire" the court observed while rejecting the bail plea of a MPhil student at Jamia Milia Islamia, Safoora Zargar.
Zargar has been booked under the Unlawful Activities Prevention Act. The 27 uear old, who is pregnant was arrested by the special cell on April 13 and is facing the charges under UAPA as she made an inflammatory speech on Febryary 23 that lead to violence and rioting in North East Delhi. This is her third plea that came out to be unsuccessful. Zargar's lawyers had moved to court for bail before on April 18 and the same was rejected on April 21. She is currently lodged in Tihar Jail.
"The acts and inflammatory speeches of the co-conspirators are admissible under the Indian Evidence Act even against the accused",Additional Sessions Judge Dharmendra Rana highlighted in his ruling. He further added that during investigation of the vase, 'a larger conspiracy is discernible and a second investigation by way of a separate FIR to unravel the entire conspiracy sounds not only logical but perfectly legal.'
Safoora's counsel, Mr Trideep Pais argued against the statement of the court that the investigation agency was portraying a false narrative to embroil students who simply don't agree with government policies. It was also put forward that 'merely holding a different viewpoint is not an offence, and by no stretch of imagination can she be labelled a terrorist.'
The Additional Public Prosecutor,Irfan Ahmad, argued that there was enough material on record to showcase the engagement of Zargar in 'Delhi riots'. The order submitted by ASJ Rana further highlighted, "The Right of Speech and Expression, and for that matter, protest or demonstration, is not an absolute right and is subject to reasonable restrictions under article 19(2) of the Indian Constitution" he also stated by justifying the provision of UAPA in the case by saying that 'any activity which has a tendency to create disorder or disturbance of law and order and to such extent that the entire city is brought to it's knees and the entire government machinery has been brought to a grinding halt, such activity should be obviously treated as an unlawful activity.'
The court also asked the Tihar Jail to provide Zargar proper medical aid, provided that she is 21 weeks pregnant.
'it is submitted that her condition becomes all the more vulnerable due to the pandemic' the order pronounced.
On Thursday, Delhi's Patiala house court denied bail to 27 year old, Jamia coordination committie's media co-ordinator, Safoora Zargar.
"When you choose to play with embers, you cannot blame the wind to have carried the spark a bit too far and spread the fire" the court observed while rejecting the bail plea of a MPhil student at Jamia Milia Islamia, Safoora Zargar.
Zargar has been booked under the Unlawful Activities Prevention Act. The 27 uear old, who is pregnant was arrested by the special cell on April 13 and is facing the charges under UAPA as she made an inflammatory speech on Febryary 23 that lead to violence and rioting in North East Delhi. This is her third plea that came out to be unsuccessful. Zargar's lawyers had moved to court for bail before on April 18 and the same was rejected on April 21. She is currently lodged in Tihar Jail.
"The acts and inflammatory speeches of the co-conspirators are admissible under the Indian Evidence Act even against the accused",Additional Sessions Judge Dharmendra Rana highlighted in his ruling. He further added that during investigation of the vase, 'a larger conspiracy is discernible and a second investigation by way of a separate FIR to unravel the entire conspiracy sounds not only logical but perfectly legal.'
Safoora's counsel, Mr Trideep Pais argued against the statement of the court that the investigation agency was portraying a false narrative to embroil students who simply don't agree with government policies. It was also put forward that 'merely holding a different viewpoint is not an offence, and by no stretch of imagination can she be labelled a terrorist.'
The Additional Public Prosecutor,Irfan Ahmad, argued that there was enough material on record to showcase the engagement of Zargar in 'Delhi riots'. The order submitted by ASJ Rana further highlighted, "The Right of Speech and Expression, and for that matter, protest or demonstration, is not an absolute right and is subject to reasonable restrictions under article 19(2) of the Indian Constitution" he also stated by justifying the provision of UAPA in the case by saying that 'any activity which has a tendency to create disorder or disturbance of law and order and to such extent that the entire city is brought to it's knees and the entire government machinery has been brought to a grinding halt, such activity should be obviously treated as an unlawful activity.'
The court also asked the Tihar Jail to provide Zargar proper medical aid, provided that she is 21 weeks pregnant.
'it is submitted that her condition becomes all the more vulnerable due to the pandemic' the order pronounced.