Court Modifies Bail Condition for Ishrat Jahan in Delhi Riots Case

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A Delhi court on Friday modified the bail terms for former Delhi Congress councillor Ishrat Jahan, permitting her to travel anywhere in India without needing prior court approval. Jahan, who is a practicing advocate, became the first individual to secure bail in the Delhi riots Unlawful Activities (Prevention) Act (UAPA) case after spending two years in jail in 2022.

New Delhi: In a significant development benefiting former Congress councillor and lawyer Ishrat Jahan, the Karkardooma Court in Delhi revised the travel-related condition. Her bail conditions in the case pertaining to a broader conspiracy behind the 2020 Delhi communal riots. The court now permitted her to travel throughout the country, provided she obtains prior permission from the court. Previously, Jahan was prohibited from leaving the national capital region (NCR) without prior court authorization.

Jahan, along with several co-accused, has been charged under the anti-terror law known as the Unlawful Activities (Prevention) Act (UAPA). They alleged to be among the “masterminds” behind the February 2020 riots in northeast Delhi, which resulted in the death of 53 individuals and over 700 injuries.

In March 2022, a special court granted Jahan bail, stating that her involvement in the case, based on initial evidence, warranted the granting of relief despite the restrictions imposed by the law. The Delhi Police has filed an appeal against this decision, which is currently pending before the Delhi High Court.

In a recent order issued on Friday, Additional Sessions Judge Sameer Bajpai observed that the previous court imposed a condition on Jahan, barring her from leaving the National capital territory (NCT). However, in December 2022, this condition was modified to allow her to travel within the National Capital Region (NCR) as long as she informed the court in advance.

The judge observed,

“It is argued that the petitioner, Jahan, practices law professionally, and the court’s stipulation restricts her ability to practice law outside the NCR.”

He acknowledged Jahan’s statement that since being granted bail, not violating any of the court’s conditions.

The judge stated,

“Given that no information has been presented to the court by the investigating agency or prosecution indicating any breach of bail conditions by the applicant since bail was granted, the court finds it fair and suitable to amend the condition as requested by the applicant.”

The court, in altering the condition, mentioned that she would require prior court permission to leave India and must refrain from engaging in criminal activities.

In March 2022, a Delhi court granted bail to Jahan in a UAPA case related to the 2020 riots, noting that,

“She had not been physically present in Northeast Delhi during the riots nor had she been associated with any group.”

Previously, she also been granted bail in another case where she accused of inciting a crowd at an anti-Citizenship Amendment Act protest site in Northeast Delhi’s Khureji Khas.

The prosecution objected to her request, arguing that the court already granted her “reasonable liberty.”

Nevertheless, the judge approved her request.

Ishrat Jahan filed a petition requesting changes to her travel conditions. Advocates Adil Boparai and Srishti Khanna argued that Jahan, as a practicing advocate, is limited in her ability to practice law outside the NCR due to the Court’s current condition.

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