New Delhi. A Delhi Court on Tuesday dismissed the bail plea of RJD youth wing leader and Jamia Millia Islamia student Meeran Haider in an UAPA case related to the Delhi Riots of 2020. Haider was arrested on April 1, 2020 and has remained behind bars since then.
Additional Sessions Judge Amitabh Rawat in the order held, “On the perusal of the chargesheet and accompanying documents, for the limited purpose of the bail, I am of the opinion that allegations against the accused Meeran Haider are prima facie true.”
Judge Rawat, was of the view that his Court being a Special Court, was a statutory court and the judgment referred to the ability of the Constitutional Court to grant bail on the grounds of Part III of the Constitution despite the embargo of UAPA.
“Thus, the ground of trial taking a long time by itself is not a ground for bail. The court is guided by the provisions of Section 437 CrPC (Code of Criminal Procedure) and Section 43D of the UAPA,” he held.
Section 437 of CrPC places an additional condition before releasing a person on bail if there are reasonable grounds for believing that accused has been guilty of offence punishable with death or imprisonment for life. Similarly, Section 43D of the UAPA stipulates that an accused person shall not be released on bail or on his own bond if the Court, on a perusal of the case diary or the report made under section 173 of the Code is of the opinion that there are reasonable grounds to believe that the accusation is prima facie true.
Besides Haider, the Delhi Police Special Cell has chargesheeted Umar Khalid, Sharjeel Imam, United Against Hate activist Khalid Saifi, former Congress councillor Ishrat Jahan, former AAP councillor Tahir Hussain, Pinjra Tod activists Gulfisha Fatima, Safoora Zargar, Natasha Narwal and Devangana Kalita.
They were accused of hatching a “common conspiracy” by calling for a march, leading a mob and instigating communal feelings.
Input Courtesy – BarAndBench
