Home Legal News [Safoora Zargar’s bail] Delhi Police urges Delhi HC to dismiss Safoora Zargar’s bail plea stating that pregnancy cannot be a factor to release Safoora Zargar

[Safoora Zargar’s bail] Delhi Police urges Delhi HC to dismiss Safoora Zargar’s bail plea stating that pregnancy cannot be a factor to release Safoora Zargar

by Muskan
Safoora Zargar

The Delhi Police filed a response before the Delhi High Court asserting that pregnancy cannot be a factor to release Safoora Zargar on bail, while there is “strong, cogent, reliable and sufficient material available proving the direct involvement” of Zargar in conspiring to destabilize the ruling Government (Safoora Zargar vs State).

However, as the investigation is at a crucial juncture, the police submitted that they cannot disclose all particular materials of the investigation to the accused.

Safoora Zargar, who is 23 weeks pregnant, was arrested by the statepolice on the allegations that she delivered inflammatory speeches which led to violence and rioting in North East Delhi earlier this year.

Contending that Safoora Zargar is not entitled to bail on the ground of pregnancy as the law does not make any distinction in this regard,the Delhi police states,

“The severity of offence is in no manner mitigate by the fact of pregnancy, the Applicant/ Accused is not the only pregnant accused to be entitled to any preferential treatment and there are enough precedent available in law not only of the arrest of pregnant accused and their detention but even of delivery in prison for which detailed guidelines… are statutorily enacted.”

While the police also argues that she has been getting all requisite medical attention including detailed medical check-ups carried and a pregnancy-special diet.

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Regarding the contention of contracting the COVID-19, the police has submitted that Safoora Zargar has been “lodged in separate cell, all alone” while other details regarding sanitisation measures and facilities undertaken at the prison have also been provided.

While raising objection with respect to a contention that Safoora Zargar has a cyst in her ovary, the police contended that the same was not disclosed to the doctors earlier but rather that it was raised for the first time in Court.

Goal was to execute a secessionist movement by propagating an armed rebellion against lawfully constituted government

Referring to the incriminating WhatsApp chats and statements by witnesses the police submit that there is sufficient circumstantial evidence to implicate Zargar and hence protestations of innocence in the case are phoney.

The police added,

 “direct evidence is not always available of a conspirational design and mere absence of a contemporaneous record (which can only be available in a surveillance state) does not suggest the absence of a case against the accused.”

The police also contended that the principle of bail not jail will not apply, for want of contrary proof to the case against Zargar given that the police had also granted an extension in time to investigate the offence.

Various witness statements and statements by co-accused clearly implicates Safoora Zargar as the leading co-conspirator in the commission of the serious offences of causing large-scale disruptions and riots in Delhi and other parts of the country, the police contend,

There is strong, cogent, reliable and sufficient material available proving the direct involvement of the accused.

However, as the full details regarding the same cannot not been divulged, the Police have undertaken to produce the alleged incriminating material in a sealed cover before the Court if the same is sought for.

The police further informed the court that as many as 751 FIRs were registered and 14 people arrested, of which Safoora Zargar was the ninth to be arrested.

The accusations made against SafooraZargar with respect to the Delhi Riots of 2020 include the following:

  • The conspiracy was hatched after the passage of Citizenship (Amendment) Act, whereby it was decided to flare up the sentiments of the Muslim community by propagating that the law was anti-muslim.
  • The sinister and nefarious conspiracy was designer in various levels. A facade of civil disobedience was maintained to buckle the government to agree to the illegitimate demands of the accused. There was a plot to perpetrate this sinister design of riots or armed rebellion throughout the country.
  • The motive and idea being the conspiracy was “‘to go to any extent possible’ be it a small scuffle with the police during blockade or instigation of riots between two communities or to advocate and execute a secessionist movement in the country by propagating an armed rebellion against the lawfully constituted government of the day.”
  • Zargar is accused of having been complicit in setting up secret offices in protest sites, where mobilisation of people, preparation of strategy, schemes, stock of materials, slogan, speeches were carried out in a confidential and secret manner
  • Funds were used and supplied to organise the protest sites and fake vouchers were manufactured/ forged.
  • Acid bombs, iron roads, swords, nailed sticks, knives, sling shots, stones were used in the Delhi riots which were pre-planned in a systematic and organiser manner.
  • Protests were organised following the “SaheenBaghChakka-Jaam” model.
  • 21 protest sites were organised, and protest sites were converted to ChakkaJaam resulting in tensions being heightened and riots in North East, Shahadara and South Districts of Delhi.
  • It was decided that the “anti-government feeling of Muslims” will be used at an appropriate time to destablise the Government.
  • The protests were carried out during the visit of US President Donald Trmp to India “to attract international media attention to propogate a narrative that the Government of the day was anti-muslim.”
  • The accused was a key link of this “conspiracy” since the beginning. She also created a WhatsApp group for the Jamia Coordination Committee to carry out the conspiracy. She was acting with other co-accused members of the JCC – Amanulla, ShifaurRehman, MeeranHaider, Asif Iqbal Tanha and other suspects.
  • Various provocative speeches rendered during the course of the CAA protests and visits to protest cites are stated to been to incite the feelings of other castes and communities.
  • ChakkaJaams were carried out by her with the “sole intention and objective of escalation them into riots as borne out from the statements of witnesses.”

On the basis of the above submission, the police have urged the court to dismiss Zargar’s plea as“not even an iota of doubt remains that Zargar was complicit in a deep-rooted and sinister conspiracy.”

Zargar was arrested soon after she was granted bail in another FIR registered at Jafarabad Police Station in connection with the riots.

Her bail plea was rejected by the Sessions Court earlier after it opined that there was prima facie evidence to show her involvement in the conspiracy. Subsequently, Zargar moved the Delhi High Court for relief.

Read the Bail report here:

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