[Delhi Riots] Ishrat Jahan did not create idea of Chakka Jam; not part of incriminating WhatsApp groups: Delhi court bail order

While granting bail to Ishrat Jahan in a case related to the Delhi Riots, a Delhi Court held that it was “persuaded” to give her a reprieve despite the embargoes under the an Unlawful Activities (Prevention) Act (UAPA) and the Code of Criminal Procedure (CrPC) [Ishrat Jahan v. State]..“The entire conspiracy as spelt out in the chargesheet, as far as it ascribes the role of Jahan, who is a woman, for the limited purpose of bail on prima facie considerations, persuades this Court to allow the present application for bail despite the embargoes in CrPC and UAPA,” read the order of Additional Sessions Judge Amitabh Rawat..Here are some of the takeaways of the bail order, the first passed by a sessions court in the UAPA cases related to the Delhi Riots:.Jahan was not the one who created the idea of Chakka Jam. She is also not a member of any of the organisations or WhatsApp groups which played a role in the entire conspiracy. It is not the case of the prosecution that she gave directions to other accused persons to contend that her position and conspiracy was bigger than others. Even if it is accepted that she had connectivity with other accused persons such as Amanullah, Khalid Saifi, Tasleem, Natasha Narwal and Safoora Zargar, the fact remained that she was neither physically present in North East Delhi for riots nor was she part of any group, organisation or WhatsApp or her name cropped up in “flurry of calls” or in any CCTV footage. She is not a a member of Muslims Students of Jamia (MSJ) or Jamia Coordination Committee (JCC), or Pinjar Tod, or Students of Jamia (SOJ) or Alumni Association of Jamia Millia (AAJMI) or Delhi Protest Support Group..Jahan was not the one who created the idea of Chakka Jam. She is also not a member of any of the organisation or a WhatsApp group which plays a role in the entire conspiracy.Additional Sessions Judge Amitabh Rawat.Apart from a general conspiracy and applicability of UAPA, material against the specific accused (Ishrat Jahan in this case) had to be seen; According to police, Jahan was involved in the anti Citizenship Amendment Act, National Register of Citizens protests at Khureji, which is not in North East Delhi, in Delhi. The allegation that the whole of North East Delhi was surrounded from all sides and all roads were closed did not happen at Khureji. “It does not appear to be contiguous to northeast Delhi,” the order said. The Court earlier observed that Section 43D of UAPA entailed for the Court to opine if there were reasonable grounds to believe that the allegations against the accused person were prima facie true..Apart from a general conspiracy and applicability of UAPA, material against the specific accused (Ishrat Jahan in this case) had to be seenAdditional Sessions Judge Amitabh Rawat.Jahan was directed to furnish a personal bond of ₹50,000 with a couple of sureties, besides a slew of conditions that prohibit her from leaving Delhi without the Court’s permission, tampering with the evidence or contacting witnesses.“She will cooperate in the investigation and not indulge in any activity influencing it. She shall attend the court on every date of hearing or as directed by court. She will not indulge in any activity for which she is investigated/tried during the bail period,” Jahan was directed..She was arrested in March 2020 in connection with Delhi Riots FIR No 59/2020 for the alleged commission of offences under provisions of the Indian Penal Code, Prevention of Damage to Public Property Act, Arms Act and the Unlawful Activities Prevention Act (UAPA)..[Read Bail Order]