Pregnant Safoora Zargar denied bail; Delhi riot ‘instigator’ Kapil Mishra roaming free

"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," the report says.

New Delhi: Asserting that 39 deliveries have taken place in Delhi’s Tihar jail in last 10 years, Delhi police have once again rejected Safoora Zargar plea which was initiated on the grounds of her pregnancy.

Zargar, a Jamia Coordination Committee member, was arrested on April 10 for voicing her support against the unmerited Citizenship Amendment Act. The enactment of law gave rise to several national and international protests.

Charges under anti-terror law, UAPA, have been invoked against M.Phil student who is more than four months pregnant.

No exception for pregnant women

Delhi Police in its status report submitted to the Delhi High Court, said that her pregnancy does not dilute the gravity of her alleged crime. and that she is being given adequate medical care in the jail.

“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,” stated the report submitted in the court by Delhi Police.

“There have been enough precedents to show not only arrest and detention of pregnant women but also their deliveries in jails, for which guidelines have been laid out in law according to the Supreme Court’s directions.

It is respectfully submitted that till date 39 deliveries have taken place in Delhi prison in last 10 years,” said the report, adding Zargar is not entitled to any preferential treatment when the law itself permits such kind of sanctions against a certain class of offenders.

Zargar appealed for protests

The report by Special Cell DCP PS Kushwaha stated “the very fact of rearing of life ought to have been a check on activities (by Zargar) which had a potential to cause, and which did in fact cause large-scale destruction of life and properties”.

Delhi Police said “Zargar is lodged in a separate cell, all alone, and is being attended to regularly by doctors, apart from being given a good diet and required medicines.”

“In fact, more care and caution are being practised in jail so far as social distancing norms are concerned that would be available to her outside the jail premises,” said the report, strongly resisting her release on bail.

About the FIR in question, the report said that there are enough electronic and other evidence to demonstrate Zargar’s role and her complicity in creating unrest by flaring up communal tension with the ultimate objective of uprooting a democratically elected government by using violent and illegal means.

She appealed for sit-in protesters and other kinds of demonstrations to pressurize the Central government to withdraw CAA and NRC.

Zargar’s bail plea was earlier dismissed by a trial court on June 4, compelling her to move the High Court.

Hatemonger Mishra plays victim card

During the days when anti-CAA protests were held across the country, Kapil Mishra, a BJP leader held a pro-CAA rally in Northeast Delhi’s Jaffrabad.  

During the rally, he gave a “three-day” ultimatum to the Delhi Police to get the roads cleared of anti-CAA protesters. He then issued a call through Twitter urging people to gather and “prevent another Shaheen Bagh” protest from taking place near the Jaffrabad metro station. The tweet has since been taken down by Twitter for violating its policies.

His hate speech reportedly incited hate among anti and pro- CAA protesters. The communal clash killed 53 and left several injured. Following, clashes Mishra played victim card. The few BJP leaders who spoke against him were ‘isolated’ and Mishra claimed the actual conspiracy was against him.

Rewarded for ‘Goli maaro’ slogan

Mishra, who joined the BJP last year, gets the credit for introducing the ‘Goli Maaro Saalon Ko’ slogan. He was rewarded with an assembly election ticket by the BJP, but lost to AAP’s Akhilesh Pati Tripathi by over 11,000 votes. 

Delhi police fields Mishra

Delhi police had drawn a “chronology” of Delhi riots and interestingly omitted Kapil Mishra’s hate speech and gave a clean chit to the BJP leader.

On the contrary, Safoora Zargar was arrested for holding a mere protest and is constantly denied bail despite the fact that she is four month pregnant and is also suffering from Polycystic ovary syndrome (PCOS), a harmonal disorder which may lead to miscarriage.

HC adjourns Zargar’s bail plea till June 23

The Delhi High Court on Monday adjourned the hearing of Zargar’s bail application till June 23 after a request for the same was moved by the Solicitor General Tushar Mehta, BarandBench.com has reported.

While adjourning the matter, the Single Bench of Justice Rajiv Shakdher asked the Solicitor General, Tushar Mehta, to come prepared with the instructions.

Earlier on June 4, Delhi’s Patiala house court had denied bail to 27-year-old Safoora Zargar.

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