The Patiala House Court has granted bail to ex-Congress Municipal Councillor Ishrat Jahan, who was arrested for perpetrating communal violence in north-east Delhi in February, 2020, on grounds of marriage.
Additional Sessions Judge Dharmender Rana has permitted to release Jahan on 10 days interim bail from June 10 till June 19, so that she can attend her marriage function scheduled for June 12, 2020. The facts of her marriage were verified by Special Cell, Delhi Police.
Jahan, also an Advocate, was booked by the Delhi Police for inciting a crowd and raising slogans of freedom during the anti-CAA protests in Delhi, on February 26, 2020. Subsequently, another FIR was registered against her under various provisions of IPC, UAPA, Arms Act and Prevention of Damage of Public Property Act.
As per the interim bail plea filed through Advocates SK Sharma along with Lalit Valecha, Tushar Anand and Rahul Sharma, her marriage was already fixed with one Farhan Hashmi, for June 12, 2020.
The plea also stated that she was merely a supporter of the ongoing peaceful protests and had been falsely implicated in the said case. It was contended that she had the Fundamental right to dissent against any unreasonable measure of the Government under Article 19(1)(a) and (1)(b) of the Constitution.
"The applicant has committed no offence whatsoever, and the wild and baseless allegations being made against her are not only irresponsible and false, but have also caused serious harm to her reputation…At the bare perusal of both the FIRs, no overt act and no specific role has been ascribed to the applicant except allegedly making a statement "will die but will not move from the protest site . whatever the police do"," her bail plea read.
Her counsel further submitted that she had fully cooperated during the investigation and was no longer required to be held under judicial custody as the evidence, if any, to support the computation of alleged offences had already been collected by police during investigation.
The court has granted her interim relief from on furnishing two sureties of Rs 1 lakh, with a direction to not tamper with any evidence or influence the witnesses in the case.
Significantly, Jahan was granted bail by ASJ, Shahdra, on March 21, 2020, after he noted that "no overt had been imputed to her whereby she incited the crowd to take law in their hands and use force against the police." However, another FIR was registered against her on the same day, for investigating the same alleged offence, "making a mockery of the judicial system by the investigating agency," the bail plea states.
Bail application was filled by Adv Lalit Valecha from Evision Legal Solution LLP, New Delhi.