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Jamia student Safoora Zangar, charged under UAPA, denied Bail by the Delhi Court
Jamia Milia University student Safoora Zargar, who is in the second trimester of her pregnancy, was denied bail by the Delhi Court on Thursday. The 27- year old student has been in custody in a case registered under the Unlawful Activities Prevention Act (UAPA) for alleged conspiracy behind Delhi riots, since April 10.
The prosecution claimed her "inflammatory speech" was a very potent reason that led to the violence and rioting in North East Delhi on February 23.
Justice Dharmender Rana, Additional Sessions Judge of Patiala House Court, stated that a prima facie evidence reflecting upon the fact that there was a "conspiracy to at least blockade the roads(chakka jam)" is very much present. He observed as under:
"I am not discussing in detail the particulars of the prosecution witnesses so as not to unnecessarily prejudice the ongoing investigation and the safety and security of the witnesses is also one of my primary concerns. However, from the statement recorded under Section 161 and 164 CrPC coupled with the whatsapp chat available on record, it can be safely inferred that there is prima facie evidence to show that there was a conspiracy to at least blockade the road(chakka jam). As per the provisions of Section 339 of the Indian Penal Code, causing wrongful restraint to even a single person is a penal offence. Section 141 clause 3 provides that any assembly of five or more persons is designated as "unlawful", its common object is to commit any offence"
The Judge also justified the imposition of UAPA on her and made a mention of the material on record that hinted at the accused person having "conspired to cause disruption to such an extent and such a magnitude that it would lead to disorderliness and disturbance of law and order at an unprecedented scale". And hence, the imposition of UAPA was justified.
Trideep Pais, Ritesh Dhar Dubey and Sanya Kumar were Zargar's advocates and they contended that she was only legitimate and peaceful protests were being held against the Citizenship Amendment Act, which falls under the purview of her fundamental right to speech and expression. They had also sought her release on humanitarian grounds stating that Zargar was suffering from PCOS and UTI.
