A Delhi court has refused to grant interim bail to former Congress councillor Ishrat Jahan in connection with an Unlawful Activities Prevention Act case related to the northeast Delhi violence. She had approached the court for bail citing a COVID-19 outbreak in Mandoli prison and other medical issues.
Additional Sessions Judge Amiabh Rawat on Thursday noted that in terms of the medical ailments agitated by the applicant and the report of the Jail Superintendent, the court does not find any cogent reason for enlarging the applicant on interim bail.
"Considering the gravity of the offences including Unlawful Activities (Prevention) Act, 1967 with which the applicant is charged, the discussion in the preceding paragraphs and the Jail Report, I do not deem it a fit case to grant interim bail to accused Ishrat Jahan," ASJ Rawat said.
Jahan had sought interim bail on the ground that being jailed had taken a toll on her mental health and some of the inmates at the prison where she was lodged had tested positive or COVID-19. Senior advocate Ramesh Gupta, representing Jahan, had argued that she was a practising advocate and didn't have any criminal antecedents.
Gupta also argued that the applicant had a history of cervical, spine injury (lower back pain) and migraine prior to her arrest and she had been under continuous medication in the past for the said illnesses.
It was also submitted that around 15 days back, the applicant fell inside the bathroom while she was in jail due to slippery floor and has suffered spinal injuries. Moreover, the COVID-19 situation inside the jail is precarious and the applicant has anxiety issues, the lawyer argued.
Special Public Prosecutor Amit Prasad had argued that the applicant has been charge sheet in the case under various sections of the Unlawful Activities Prevention Act, Arms Act, Prevention of Damage to Public Property Act and the Indian Penal Code on charges pertaining to criminal conspiracy, rioting, murder among others.
Prasad further argued that the latest medical prescription dated June 14, 2020, of Cribs Hospital relating to the applicant also got verified from the hospital and a report has been obtained and added that there is no urgent medical requirement of the applicant.
He also argued that as per the report of the Jail Superintendent, Tihar Jail, Delhi, all the necessary protocols regarding the COVID-19 related precautions are being taken and the situation is totally under control.
"There is no COVID-19 scare inside the jail. The applicant is also being given proper treatment for her minor health issues and her condition is stable. In fact, she was tested twice for COVID-19 and was found negative," Prasad submitted.
At least 53 people were killed and hundreds of others were injured in the violence that took place in northeast Delhi between February 24 and 26 sparked by clashes between groups supporting and opposing the Citizenship Amendment Act.
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