Delhi Riots Larger Conspiracy Case: High Court Rejects Delhi Police's Appeal Against Bail To Ishrat Jahan

The Delhi High Court on Friday dismissed an appeal filed by the Delhi Police challenging the bail granted to former Congress Councillor Ishrat Jahan in FIR 59/2020 which alleges a larger conspiracy in the Delhi Riots that happened in 2020.

A division bench comprising Justice Navin Chawla and Justice Ravinder Dudeja noted that more than 4 years have passed since the bail was granted and there are no allegations that Ishrat Jahan violated bail conditions in any manner.

The Court dismissed the Police's appeal observing that it was not inclined to interfere with the impugned order granting bail.

“We make it clear that we have not expressed any opinion on the merits of the case,” the Court said.

Ishrat Jahan was arrested in the case on February 26, 2020. She was granted bail by city's Karkardooma Court on March 14, 2022. The police had challenged the said order seeking cancellation of Ishrat's bail.

The appeal stated that the impugned order was not only in the teeth of the settled of law, but suffered from infirmities which go to the root of the matter and is perverse in the eyes of the law.

The Police claimed that while granting bail to Ishrat, the Trial Court had failed to comprehend the correct import of the judgment rendered by Supreme Court in the case of NIA v. Zahoor Ahmad Shah Watali.

It was also contended that the Trial Court lost sight of the fact that Jahan, being "closely connected" with the other conspirators, played a very active role in the entire conspiracy of organising the protest which resulted in riots and destruction of property.

While granting bail to Ishrat Jahan, the Trial Court had observed that even as per the chargesheet, there was no allegation that she was physically present at the North East Delhi regions during the February 2020 riots, nor that she was a member of any organisation or any WhatsApp group which was part of the alleged conspiracy.

The Court had added that as per the chargesheet, Jahan was involved in protest site at Khureji which was one of the protest sites against CAA and NRC however, it was not located in North-East Delhi where the riots took place. According to the Court, the same did not appear to be "contiguous to North-East Delhi."

FIR 59/2020 registered against Jahan contains stringent charges including Sections 13, 16, 17, 18 of the UAPA, Sections 25 and 27 of the Arms Act and Sections 3 and 4 of the Prevention of Damage to Public Property Act,1984 and other offences under Indian Penal Code, 1860.

Others who were charge-sheeted in FIR 59/2020 include Former AAP Councillor Tahir Hussain, Jamia Coordination Committee members Safoora Zargar, Meeran Haider and Shifa-Ur-Rehman, activist Khalid Saifi, Shadab Ahmed, Tasleem Ahmed, Salim Malik and Athar Khan.

A supplementary charge-sheet was thereafter filed in the case against former JNU student leader Umar Khalid and JNU student Sharjeel Imam.

Case Title: State v. Ishrat Jahan