Delhi Riots Larger Conspiracy Case: Court Grants Bail To Former Congress Councillor Ishrat Jahan

A Delhi Court on Monday allowed the bail plea of Former Congress Councillor Ishrat Jahan in FIR 59/2020 which alleges a larger conspiracy in the Delhi Riots that happened in 2020. She was arrested on February 26, 2020, and has been under custody since then.

Additional Sessions Judge Amitabh Rawat granted bail to Ishrat after reserving orders last month. 

The Court heard Advocate Pradeep Teotia appearing on behalf of Ishrat Jahan whereas Special Public Prosecutor Amit Prasad appeared for prosecution.

However, orders in the bail pleas moved by co accused Saleem Malik and Sharjeel Imam have been deferred to March 22. Meanwhile, order in Umar Khalid's bail plea is deferred to March 21.

Arguments put forth by Ishrat Jahan

Advocate Teotia appearing for Ishrat Jahan had submitted 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.

Highlighting Jahan's credentials, Teotia had added, 

"They have created a fear amongst people. She has been a lawyer. She was a young political person. She has a brilliant acumen. I was victorious from a ward where Muslims were less in number. Both the sects had given vote to her. No Muslim had even won from the said ward."

"She was a popular lady. They have no single iota of evidence regarding her involvement in the conspiracy. There has to be something."

Prosecution's Arguments

According to Prasad, it was submitted that is the the prosecution's case that there was a premeditated conspiracy to commit North East Delhi riots between the accused. 

In view of this, he had submitted that whoever does whatever singular act as a part of criminal conspiracy will be responsible for other's act. 

Prasad had relied on the chargesheet to argue that a WhatsApp group was created called MSJ allegedly formed by Sharjeel Imam. Reading the contents of chargesheet, Prasad had said that the chats revealed that Imam was in touch with a "communal and radical group called Students of Jamia."

He had also argued that she had no reason to align with the other co-accused person but to conspire for Delhi Riots.

He had argued that the Khureji protest site was not organic and was in fact controlled and organised by the Jamia Coordination Committee, hatched from a long time. He added that a suggestion that her prosecution is a witch-hunt would be nothing but an attempt to derail one's thought process.

To support his contentions, he had placed reliance on CDR details and phone records to show that Jahan was in constant touch with other co-accused persons and that there was an aspect of funding, which according to him was completely ignored by her counsel.

It is the prosecution's case that a total of 53 people died during the riots, 142 people were Injured in first phase of riots and other 608 were injured in the second phase.

The prosecution had argued that the 2020 sit-in protests were carefully planned, picking strategic protest sites closer to 25 mosques. 

Prasad had submitted that these sites were places with religious significance but were purposely given Secular names to give legitimate appearance to the allegedly communal protests.

Prasad had also argued that the the issue regarding the protests was not CAA or NRC but to embarrass the Government and to take such steps that it gets highlighted in the International media.

In this backdrop, he had argued that there was a 'conspiracy of silence' in committing the 2020 North East Delhi riots, idea behind which was to completely put the system under paralysis.

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.

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 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.

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