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 a case linked to the alleged larger conspiracy behind the 2020 Delhi riots.
A division bench of Justice Navin Chawla and Justice Ravinder Dudeja noted that more than four years had passed since she was granted bail and there was no allegation that she had violated any bail condition.
The court said it was not inclined to interfere with the earlier bail order and clarified that its observations were not on the merits of the case. The bench stated, “We make it clear that we have not expressed any opinion on the merits of the case.”
Police argument rejected after court finds no breach of bail conditions
Ishrat Jahan was arrested on 26 February 2020 in FIR 59 of 2020, which is being probed as part of the alleged conspiracy behind the North East Delhi violence. She was granted bail by the Karkardooma Court on 14 March 2022.
The Delhi Police had challenged this bail order, arguing that it suffered from legal errors and went against established principles laid down by the Supreme Court in earlier judgments, including the NIA versus Zahoor Ahmad Shah Watali case.
The police also claimed that Jahan was closely linked to other accused persons and had played an active role in the alleged conspiracy connected to protests that escalated into riots and widespread damage.
Trial court findings on role of accused
While granting bail earlier, the trial court had observed that there was no allegation that Ishrat Jahan was physically present in the riot affected areas of North East Delhi during the violence.
The court had also noted that she was not part of any WhatsApp group linked to the alleged conspiracy. It further observed that her involvement was limited to protest activities at Khureji, which was not located in the riot hit region and was not directly connected to the areas where violence took place.
Based on this, the trial court concluded that the allegations did not justify continued custody.
High Court finds no reason to interfere
The High Court agreed with the principle that bail once granted should not be lightly interfered with, especially when there is no misuse of liberty or violation of conditions.
With this ruling, Ishrat Jahan will continue to remain on bail as the trial in FIR 59 of 2020 proceeds.
Background of the larger conspiracy case
FIR 59 of 2020 is one of the key cases registered in connection with the Delhi riots, and involves multiple accused persons charged under the Unlawful Activities Prevention Act along with provisions of the Arms Act, Prevention of Damage to Public Property Act, and Indian Penal Code.
Other accused in the case include several political and student activists such as Tahir Hussain, Safoora Zargar, Khalid Saifi, and Sharjeel Imam, among others. The case continues to be under trial before the competent court.
