On the 23rd of June, the Delhi High Court (HC) granted bail to Jamia Millia Islamia (JMI) University Student Safoora Zargar.
Safoora Zargar, who is also 23 weeks pregnant, was arrested under the Unlawful Activities (Prevention) Act (UAPA) on the 10th of April 2020.
The Delhi Police arrested Safoora claiming she was amongst those who organised the anti Citizenship Amendment Act (CAA) protest and was involved in the Delhi riots, on the 22nd and 23rd of February.
Since the 10th of April, this was her 4th attempt to apply for a bail.
The first petition for a bail was filed on the 18th of April when UAPA was not yet invoked.
The bail was rejected on the 21st of April, and UAPA was invoked.
Second plea was on the 2nd of May, but after the arguments in the Delhi HC, the petition was withdrawn.
Again in June, the lawyer representing Safoora Zargar appealed for the third time which was rejected on the 4th June.
The 4th petition was filed on the 18th of June, when Safoora was 22 weeks pregnant.
On the 22nd of June, the court heard the arguments of the Delhi Police lawyer, Solicitor Tushar Mehta and Safoora’s lawyer.
However, on the 23rd of June, the Delhi HC agreed to grant a bail on humanitarian grounds.
This happened, after the Delhi Police denied bail request on the ground of pregnancy.
Tushar Mehta, the lawyer representing the Delhi Police said, “The law does not make any distinction in this regard. It is stated that the law unambiguously contemplates provisions to deal with pregnant a criminal which itself indicates that the law permits use of sanction against this class of offenders.”
Defending his argument, Mr. Mehta said in the last 10 years, 39 deliveries happened in Tihar Jail.
He said, Tihar Jail administration provided adequate medical care to Safoora Zargar.
Safoora Zargar was granted bail with a few conditions which includes personal bond of Rs. 10,000, she should not indulge in activities for which she is being investigated and she should not hamper investigation or influence witnesses in Delhi riot case.
Stay tuned for further updates.