Former Congress councilor Ishrat Jahan was arrested on 26 February in a case related to the riots in north-east Delhi in February this year. A case has been registered against them under UAPA.
new Delhi: In a case involving Republic TV editor Arnab Goswami on the day the Supreme Court said that the fundamental rule of criminal justice procedure is ‘Bell, not Jail’, a Delhi court in north-east Delhi in February this year. In a case related to the riots, former Congress councilor Ishrat Jahan refused to be given interim bail, while his lawyer had brought to the notice of the court that he had suffered a spinal injury due to falling in Mandoli jail. .
Ishrat Jahan had filed for bail in Delhi’s Mandoli jail citing the outbreak of Kovid-19 and other medical related problems.
Ishrat, arrested on 26 February, challenged the trial court’s order in July that extended the time for completion of the investigation by two months (beyond the 90-day period prescribed under UAPA) and for interim bail. Appealed. It was rejected by the High Court.
On November 26, Additional Sessions Judge Amitabh Rawat dismissed the bail plea of the accused, saying, “I am in the wake of the cross-examination and jail report of the accused, considering the seriousness of the crime, including the Unlawful Activities (Prevention) Act, 1967 on the accused.” Ishrat Jahan does not find a suitable position to grant interim bail.
Ishrat Jahan was arrested in Delhi for anti-CAA protests. The Delhi Police has demanded to link him to the riots in North East Delhi in February, which has become a partisan inquiry. In June, he was granted bail for a few days to get married.
Senior advocate Ramesh Gupta, appearing for Ishrat Jahan, told the court that being in jail is affecting his mental condition and some inmates in the jail have been found to be suffering from Kovid-19.
The lawyer told the court that before the arrest of the applicant, he had problems like neck, spinal cord injury (lower back pain) and migraine and he had been taking medicines continuously for the above diseases in the past.
He also said that about 15 days ago, the applicant had slipped and fallen inside the bathroom of the jail and his spine was hurt.
In her application, Ishrat Jahan had also argued that she is an advocate and has no criminal history.
The prosecution opposed the bail application, stating that the medical prescription dated 14 June 2020 related to the applicant has been confirmed from the hospital and a report was called which shows that the application does not require any medical examination immediately.
It was further stated that according to the report of Inspector General of Police of Tihar Jail, all necessary protocols regarding precautions related to Kovid-19 are being followed and the situation is fully under control.
The prosecution said in the court, ‘There is no fear of Kovid-19 inside the jail. The applicant is also being given appropriate treatment for his minor health related issues and his condition is stable. In fact, he was tested twice for Kovid-19 and was found negative.
(With input from news agency language)
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