The Delhi High Court on Tuesday granted bail to Pinjra Tod member Devangana Kalita in the Northeast Delhi violence case and said that her presence is seen in a “peaceful agitation”, which is a fundamental right guaranteed under Article 19 of the Constitution of India. She was arrested in May.
“In my considered opinion, no prejudice would be caused to the respondent’s investigation by grant of relief to the petitioner, and she would be prevented from suffering further unnecessary harassment, humiliation, and unjustified detention,” said Justice Suresh Kumar Kait in the order pronounced on Tuesday morning.
Kalita will not be released from jail as she has also been booked under the stringent anti-terror law, UAPA, for “conspiracy” that allegedly led to riots. A Delhi court had turned down her application for bail in that case last week.
On Tuesday, the High Court also said the police failed to produce any material that she in her speech instigated women of particular community or gave any hatred speed.
“Admittedly, agitation was going on since long, print and electronic media was present throughout in addition to cameras of police department, but there is no such evidence which establishes that the alleged offence has taken place on the act done by the petitioner, except statements recorded under section 164 Cr.P.C. much belatedly, though, those witnesses were allegedly remain present at the spot throughout,” the order read.
Kalita is an accused in an FIR registered at Jafrabad police station under various provisions of Indian Penal Code, Arms Act and Prevention of Destruction of Public Property Act. She is accused by the investigating agency of being a “main conspirator” behind the violence.
Justice Kait in the order also said that she is a student pursuing her higher education and has “sufficient standing” in society without any possibility of fleeing from justice.
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