- Safoora Zargar is a member of Jamia Coordination Committee and was arrested under Anti-Terror Law UAPA
- She was arrested in April for Delhi riot case and is 23 weeks pregnant
Safoora Zargar, the member of Jamia Coordination Committee, who was arrested in April in the anti-terror law UAPA, has been granted bail by the Delhi High Court in the case of communal violence in the NorthEast Delhi during the protests against the Citizenship Amendment Act (CAA), in February.
The bail was granted to Zargar after the Solicitor General, Tushar Mehta submitted that the state agrees to release Safoora on regular bail, on humanitarian grounds, but will be subject to conditions.
Zargar is an M Phile student in Jamia Millia Islamia University and is 23 weeks pregnant.
Tushar Mehta said that without going into the merits of the plea, and without considering this as a precedent, the state has no problem with the release of Safoora Zargar on bail but she will have to make sure she does not participate in activities she is being investigated for.
While granting the regular bail, the Court said that Zargar will even have to seek permission from the concerned court before leaving the national capital for any purpose. Additionally, she will have to get in touch with the investigating officer every 15 days. Zargar regular bail has been furnished on a personal bond of Rs. 10,000.
This is the 4th time that the advocates of Safoora Zargar, student of Jamia Millia Islamia and an anti-CAA activist, had moved to the court for her bail since she was arrested on the 10th of April 2020.
The first attempt of bail came 8 days later, on 18th April, when the stringent IAPA was not yet invoked. The plea was rejected 3 days later, on 21st April 2020, after the invocation of the anti-terror law.
2nd attempt of bail was filed on the 2nd of May, a bail application was movies but was later withdrawn after arguments in the court.
The 3rd bail, too, was rejected by the court on the 4th of June.
Tushar Mehta, opposing the bail plea of Zargar, said that a total of 39 deliveries have taken place in the last 10 years in Tihar Jail and added that pregnancy is not a ground for providing Zargar a bail, he said on Monday as he appeared on behalf of the Delhi Police.
As the Delhi Police submitted the status report to the Delhi High Court it maintained the stand that pregnancy does not take away the gravity of her alleged crimes and that she has been provided with enough medical care in the jail.
The submitted report in the Delhi High Court by the Delhi Police read, “There is no exception carved out for pregnant inmate, who is accused of such heinous crime, to be released on bail merely because of pregnancy. To the contrary, the law provides for adequate safeguards and medical attention during their custody in jail,”.
The report added that over the years there have been many precedents to show not just the arrest and detention of a pregnant woman but also their deliveries in the Jail. It said that there have been guidelines laid down in the law according to the directions of the Supreme Court of India.
The report also said, “It is respectfully submitted that till date 39 deliveries have taken place in Delhi prison in last 10 years,” and added that Zargar shall not be entitled to any “preferential treatment” when the law permits such kind of sanctions against a certain class of offenders.