A pregnant criminal is still a criminal. Delhi court refuses bail Delhi riots accused Safoora Zargar

Safoora Zargar, Delhi riots, UAPA,

A Delhi sessions court has made a scathing remark when Safoora Zargar, a Delhi riot accused and her lawyers tried to play the pregnancy card to seek bail. The Court observed, “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” and denied bail to the Jamia Millia Islamia student for the third time.

Zargar was arrested by the Delhi Police in April for leading the anti-CAA protests at the Jaffrabad metro station of Delhi in February 2020 which had snowballed into full-blown riots.

Safoora Zargar has been booked under the Unlawful Activities (Prevention) Act (UAPA) and is in custody since April 10. The Additional Sessions judge at the Patiala High Court in Delhi rejected Safoora’s bail plea saying it found “no merits” in her application.

The Court denied bail, citing Section 43D(5) of UAPA, which says that bail should not be granted if a prima facie case is made out.

The Delhi police submitted WhatsApp chats and statements of witnesses in front of the court to justify the use of UAPA. The WhatsApp chat conversations combined with witness statements show that there was at an attempt to create unrest and a ‘chakka jam’.

Court agrees that based on the material placed on record, the “accused persons have conspired to disruption to such an extent that it would cause disorderliness and disturbance of law and order at an unprecedented scale.”

The court in its observation added that “If there is a prima facie evidence of conspiracy, the evidence of acts and statements made by one of the conspirators in furtherance of the common object is admissible against all. Even if no direct evidence of violence is attributable to the applicant/accused, she cannot shy away from her liability under the provisions of the Act.”

The Ph.D. student from Jamia had previously applied for bail twice which was rejected both times. The lawyers of Safoora Zargar in the third attempt were seeking bail on ‘medical grounds’. Her lawyers argued that Zargar is suffering from polycystic ovary syndrome which increased her chances of a miscarriage.

Although the Session Judge Dharmendra Rana denied Zargar the bail even on medical grounds, the court requested the jail officials to provide adequate medical aid and assistance to Zargar.

Some supporters of Safoora zargar have been pleading on Twitter saying that she was not present on the site of the violence and therefore how could she have incited the violence.

The same appalling logic could be applied to Hafeez Saeed and his connection in the 26/11 Mumbai attacks, after all, according to the left’s logic, he was comfortably nestled up in his Pakistan home. And as for her pregnancy, Safoora would not be the first pregnant woman in prison. The provisions of the National Model Prison Manual are strictly followed when an inmate is pregnant.

The Delhi Police has asserted that Delhi riots were the result of a larger conspiracy to disrupt the normal functioning of the city and to overawe the government machinery by resorting to violence and force. The Delhi Police statements have been corroborated by the court too which has previous occasions hinted at a larger conspiracy.

The recent charge sheet of Delhi Police on Tahir Hussain has already insinuated that the Delhi riots were a pre-planned conspiracy and that people like Tahir and Safoora were a part of it.

 

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