New Delhi, Jun 22: The Delhi Police Monday urged the Delhi High Court to grant them a day’s more time for seeking instructions on a plea by Jamia student Safoora Zargar, who was pregnant and arrested under the anti-terror law --UAPA--, seeking bail in a case related to communal violence in northeast Delhi during protests against the Citizenship Amendment Act in February.
Justice Rajiv Shakdher, who conducted the hearing through video conferencing, allowed the request after Zargar’s counsel said she has no objection to it and listed the matter for Tuesday.
Zargar, M Phil student of Jamia Millia Islamia University, is more than four months pregnant.
During the hearing, Solicitor General Tushar Mehta, representing the Delhi Police, sought a day’s time to take instructions on the issue and said it will be in “larger interest” if he is given indulgence.
Additional Solicitor General (ASG) Aman Lekhi also joined Mehta and said they are ready with the arguments on merits of the case but they do not intend to proceed on merits at this stage.
Advocate Nitya Ramakrishnan, appearing for Zargar, said the woman is in a delicate state and is in a fairly advanced stage pregnancy and if the police need time to respond to the plea, she be granted interim bail for the time being.
The high court asked Solicitor General (SG) Tushar Mehta to come back with instructions on Tuesday.
The police has also filed a status report in response to the bail plea.
Jamia Coordination Committee member Zargar, who was arrested by the Special Cell of Delhi Police on April 10, has challenged in the high court the June 4 order of the trial court denying her bail in the case.
The hearing in the high court also witnessed exchange of words between Mehta, Lekhi on one side and Delhi government standing counsel (criminal) Rahul Mehra who objected the appearance of the two senior law officers on behalf of Delhi Police in the case.
Mehra contended that unlike another North East Delhi violence matter in which requisite approval was sought by the Delhi Police to be represented by a team of lawyers led by the Solicitor General, no such procedure was followed in this case.
"They know that my view in such cases will be more humanitarian and not as per their whims and fancies. I am not supposed to be the mouth piece of the Delhi Police, I am an officer of the court," he said.
Lekhi shot back "a client chooses the lawyer and a lawyer cannot impose himself on the client.
He said this controversy would deviate the court from the issue in hand and Mehra's objection can be kept aside in this case.
The high court concluded the hearing, asking the counsel for Delhi Police to sort out their battles by tomorrow.
The trial court, in its order, had said “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.”
It had said that during the course of investigation a larger conspiracy was discernible and if there was prima facie evidence of conspiracy, acts and statements made by any one of the conspirators, it is admissible against all.
The trial court had said that even if there was no direct act of violence attributable to the accused (Zargar), she cannot shy away from her liability under the provisions of the Unlawful Activities (Prevention) Act (UAPA).
However, the trial court had asked the concerned jail superintendent to provide adequate medical aid and the assistance to Zargar.
The police had earlier claimed that Zargar allegedly blocked a road near Jaffrabad metro station during the anti-CAA protests and instigated people that led to the riots in the area.
It further claimed that she was allegedly part of the “premediated conspiracy” to incite communal riots in northeast Delhi in February.
Communal clashes had broken out in northeast Delhi on February 24 after violence between citizenship law supporters and protesters spiralled out of control leaving at least 53 people dead and scores injured.
Comments
Shahi Imam sahab if you can not motivate Muslims then do not demotivate them..... please keep quite as usual you guys did,
Shahi Iman should know that itention of bjp + sangh parivar behind CAA is not yet disclosed. They are trying to dig the basement of muslims keeping the buiding in tight for the time being. None should be optimistic that nothing will happen. Their next target is to implement NRC and harass muslims. CAA is just a start up. Shahi Iman should support the agitators who are fighting agaisnt CAA + NRC. Its strange that he did not condemn brutuality of delhi police on jamia students. I dont know why the so called muslim leaders are not showing any interest in the agitation and instead of supporting they students they are asking them to refrain. I think they are watching for water cross our head. Shahi Iman sahab, din me khwab dekhna bhool jawo. BJP hamari qabr khod rahe hain aur aap leaders kah rahe hain ke musalmanon ko ghabrane ki zaroorat nahin. Sharm aati hai musalmano ke leaders par jo ab bhi so rahe hain.
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