The Delhi High Court Tuesday granted bail to Jamia Coordination Committee Media Coordinator Safoora Zargar, who has been arrested in a case related to communal violence in Northeast Delhi, after Solicitor General (SG) Tushar Mehta said that he has no objection to her release on purely “humanitarian grounds”.
The 27-year-old, who is pregnant, was arrested by the Delhi Police’s Special Cell on April 10 and is facing a UAPA case in connection with the Northeast Delhi riots. In her bail plea, she had raised pregnancy as one of the grounds for relief.
Justice Rajiv Shakdher ordered her release from Tihar jail and directed her to furnish a bail of Rs 10,000 with a surety of the like amount.
During the hearing, SG Mehta, appearing for the Delhi Police, submitted that without going into the merits of the petition, and without considering this as precedent, the prosecution would not object to Safoora Zargar being released on regular bail on “humanitarian grounds”.
Mehta suggested that this would be subject to conditions, including one that Zargar not be allowed to visit Delhi.
Advocate Nitya Ramakrishna, appearing for Zargar, objected to this condition and contended that her husband lives and works in Delhi and also her doctor is in Delhi.
Justice Shakdher consented to SG Mehta and Additional Solicitor General Aman Lekhi’s contention that this order should not be treated as a “precedent”.
It, however, imposed certain condition on Zargar, directing her not to leave the national capital, and said that in case the petitioner requires to leave the NCT of Delhi, she will seek permission of the concerned court.
It directed her to remain in touch with the Investigating Officer (IO) on his mobile phone, at least once in every 15 days and to refrain from influencing or hampering the ongoing investigation in the case.
The order, details of which is awaited, stated that Zargar should not indulge in any activities, for which she is being investigated.
The Delhi Police in their status report filed on Monday in the High Court had opposed her bail application and had said, Zargar’s pregnancy cannot be grounds to grant her bail. Police, in its response, had submitted that as many as “39 deliveries have taken place in Delhi prisons in the last 10 years”.
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