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A Lucknow court has rejected the bail cancellation application for Sadaf Jafar, National Coordinator of All India Women Congress, accused of allegedly provoking persons under the garb of Anti-CAA protests.

The matter was heard before the Additional District and Sessions Judge, Lucknow.

The prosecution had demanded Sadaf’s bail cancellation on the ground that following her bail on January 4, 2020, she took part in further illegal protests against CAA and NRC on January 17 and January 24, 2020, where she encouraged and provoked other protestors. Against these protests, two cases were registered against unknown persons.

Prosecution argued that Sadaf was granted bail subject to conditions including that she would not indulge in any criminal activity following the bail and her participation in illegal protests on January 17 & 24 was in violation of this condition.

Resultantly, prosecution filed the present bail cancellation application.

However, Sadaf’s counsel contended that Sadaf is a known activist and social worker, who fights for women’s rights. He further submitted that she is a law-abiding citizen and even in the original matter she was deliberately made accused to harass her because she openly speaks against the unjust policies of the Government.

He further argued that the present bail cancellation application was also filed with an intention to harass Sadaf resulting into suppression of her voice.

He added that the case related with the protests that took place on January 17 and 24 of 2020 was registered against unknown persons, therefore, he contended that Sadaf’s name is being dragged into this to prepare a criminal background against her, which she doesn’t have as of now.  

Sadaf’s counsel also highlighted that it is evident from the FIRs only that the protests on January 17 and 24 of 2020 were peaceful and till now under the investigation commission of no offense has been proved. He further averred that Sadaf’s was not named in the FIR as well and she has not violated any condition of the bail order.

Court also noted that Sadaf's counsel also referred to various High Court rulings in which it was held that only upon registration of a case, bail conditions are not considered to be violated whereas, investigation is still pending.

Therefore, hearing both the parties, the court concluded that under these circumstances, prosecution’s bail cancellation application was not acceptable thereby rejected the same.

Case Title: State of UP v. Smt. Sadaf Jafar

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