The Delhi High Court Justice Anu Malhotra has transferred Delhi Police’s appeal to quash the bail granted to Ishrat Jahan to a Division Bench. The division bench comprising of Justice Siddharth Mridul and Justice Rajnish Bhatnagar will hear the matter on July 11. 

Ishrat Jahan was allegedly involved in the North-East Delhi riots of February 2020. She was arrested on February 26, 2020, in connection with her association with the riots. Jahan was granted bail by the Karkardooma court on March 14, 2020 following which the Delhi Police sought cancellation of her bail.

The plea states that the Trial Court’s order suffers from numerous flaws. The Police claim that Trial Court has overlooked Ishrat’s callous participation in the dastardly acts that lead to mass-scale violent riots and as a consequence, public order was disoriented.

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As per the contentions of the Delhi Police, Trial Court ignored the legislative provisions under Section 43(D)(5) of the Unlawful Activities (Prevention) Act (UAPA), by the virtue of which, granting bail is denied under the said statute. Certain statements of witnesses that prove an active role of Jahan in terror financing and criminal conspiracy during the riots have also been neglected by the Trial Court, as claimed by the Delhi Police petition. 

Trial Court in its order, had observed that Ishrat Jahan was neither physically present during the riots nor was she part of any of the organizations or WhatsApp groups associated with the February 2020 riots. 

The FIR filed in 2020 had pressed copious charges against Jahan under several provisions of UAPA, Arms Act, Prevention of Damage to Public Property Act and the Indian Penal Code (IPC). The current petition filed by the Delhi High Court seeks cancellation of bail granted to Ishrat Jahan and has been listed to be heard on July 11 by the Division Bench, which is already involved in the bail appeals of Umar Khalid and Sharjeel Imam. 

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