Lucknow Court Dismisses UP Police Plea To Cancel Bail Granted To Congress Leader Sadaf Jafar In CAA/NRC Protest Case

A Lucknow court last week dismissed an application filed for cancellation of bail granted to Activist Sadaf Zafar (presently holding the post of National Coordinator, All India Women Congress) in a case registered against her regarding her involvement in CAA/NRC protest.

The Court of Additional Sessions Judge rejected the application filed by the State of Uttar Pradesh as it noted that the same could not be accepted by the Court.

State of Uttar Pradesh's Application before the Court

The state argued that Zafar had flouted bail condition (provided in bail order dated 04-01-2021) by the Lucknow Court in a matter against her for her involvement in the CAA/NRC protest.

It was submitted that she got herself involved in a criminal case, even when she was granted bail in January 2020 on the condition that she won't indulge in any criminal offence.

The State argued that on January 24, 2020, she became part of an unlawful assembly while Section 144 CrPC was in force and took part in the illegal protest and abetted the mob and therefore, a case had been registered in the matter in the Thakurganj, Luckow Police Station.

Hence, it was argued that that the bail granted to her be cancelled.

On the other hand, Zafar, through her written objection submitted that she is involved in various social activism work and that police, in a bid to frame her in false cases, had filed this application. 

She also argued that in the case which has been registered in the Thakurganj, Luckow Police Station, several unnamed people have been named as accused and that the police was only trying to create a false criminal history in her name.

She also submitted that India is a Democratic country and that she has a constitutional right to take part in peaceful protests. It was also argued that no offence has been provided against her and she has not flouted the bail conditions.

Lastly, she also submitted that merely by the registration of a case, it can't be said that a person has flouted bail conditions, more so, when the probe into the matter is yet to take place.