Delhi Riots Larger Conspiracy Case: Court Seeks Prosecution's Response On Fresh Bail Plea Filed By Former Congress Councillor Ishrat Jahan

A Delhi Court has sought response of the Prosecution on the fresh bail plea filed by Former Congress Councillor Ishrat Jahan in Delhi Riots larger conspiracy case, involving charges under UAPA and IPC.

Additional Sessions Judge Amitabh Rawat issued notice to the Prosecution for filing reply to the bail application (with advance copy to Jahan's counsel) while posting the case for hearing on October 4.

Jahan had earlier moved an application under Section 439 of CrPC which was withdrawn and a fresh bail plea under Section 437 CrPC has been filed.

The development came after Special Public Prosecutor Amit Prasad raised an objection to the bail pleas filed by various accused persons saying that the bail application ought to have been filed under Section 437 and not under Section 439, primarily because the Court hearing the plea is a special court designated under UAPA Act and therefore exercises all powers that are before the Court of Magistrate within the rigors of Section 437 of CrPC.

The bail application under Section 439 CrPC has also been withdrawn by co-accused persons including Umar Khalid and Khalif Saifi.

Earlier, refuting the objection of Prosecution regarding maintainability of the bail application, Jahan contended that justice cannot be denied or hurdled merely because of minor technical issues of jurisdiction.

Advocate Pradeep Teotia submitted that the issue of jurisdiction between Sections 437 or 439 of CrPC had no bearing on the facts of the case, including its merits.

FIR 59/2020 registered against Jahan contains stringent charges including Sections 13, 16, 17, 18 of the UAPA, Sections 25 and 27 of the Arms Act and Sections 3 and 4 of the Prevention of Damage to Public Property Act,1984 and other offences under Indian Penal Code, 1860.

Arguing that Jahan must withdraw her application filed under Section 439 of CrPC, Prasad had submitted that the maintainability of bail applications is at the root of law.

Earlier, Jahan had claimed that there is no iota of evidence to show her involvement in the Delhi Riots larger conspiracy case and that the prosecution has falsely implicated her in the matter. It was also submitted that Jahan's case is on a better footing than the other co-accused persons who have been granted bail in the matter.

Others who were charge-sheeted in FIR 59/2020 include Former AAP Councillor Tahir Hussain, Jamia Coordination Committee members Safoora Zargar, Meeran Haider and Shifa-Ur-Rehman, activist Khalid Saifi, Shadab Ahmed, Tasleem Ahmed, Salim Malik, Mohd Salim Khan and Athar Khan.

A supplementary charge-sheet was thereafter filed in the case against former JNU student leader Umar Khalid and JNU student Sharjeel Imam.