The Delhi High Court on Tuesday allowed bail to Safoora Zargar, 27 year old student of Jamia Milia Islamia University under custody for alleged conspiracy behind Delhi riots, after the Delhi Police stated that it had no objection to her release on humanitarian grounds.
There were widespread concerns raised about the incarceration of Zargar, who is in the 23rd week of her pregnancy, in the overcrowded Tihar prison amid COVID-19. She was arrested on April 10.
On Tuesday, Solicitor General Tushar Mehta, appearing for Delhi police, submitted that without going into the merits of the plea, and without considering this as a precedent, the State has no problem with Safoora being released on bail provided she doesn't indulge in activities she's being investigated for.
Safoora should also remain in Delhi, insisted the SG.
Advocate Nithya Ramakrishnan, appearing for Zargar, submitted that she might have to go to Faridabad to consult her doctor.
Based on the Centre's concession, a bench of Justice Rajiv Shakhdher granted regular bail to Safoora on furnishing a personal bond of ₹10k and on the following conditions:
- She should not indulge in activities she is being investigated for.
- She should refrain from hampering investigation.
- She has to take the permission of the concerned court before leaving the territory of Delhi.
- She has to get in touch with the Investigating Officer once in every 15 days through a phone call.
The Court clarified that the order should not be "treated as a precedent" in this case or any other case.
Justice Shakhdher also highlighted that he had received certain documents in "sealed cover" from the State, which he has not opened or perused. The same will be returned to the office of the Solicitor General, the judge said.
Zargar has challenged before Delhi HC the June 4 order of Additional Sessions Judge, Patiala House Courts, rejecting her bail application.
She has been booked under the Unlawful Activities Prevention Act on the allegation that she hatched the criminal conspiracy behind the riots which happened in North East Delhi during February 23-25.
The Delhi Police has filed a report in the Court stating that Zargar is 'disposed towards creating turmoil', and that she was part of conspiracy to "destroy, destabilize and disintegrate the Government of India in order to compel to withdraw the Citizenship Amendment Act (CAA) and the alleged National Register of Citizens".