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A Delhi Court bench presided by Additional Sessions Judge Amitabh Rawat is of the opinion that there are no "reasonable grounds" for believing that Ishrat Jahan, accused under the Unlawful Activities Prevention Act was involved in the Delhi Riots 2020 larger conspiracy.

The Court has said that as per the chargesheet and statement of witnesses, Jahan is not the one who created the idea of chakka-jam and neither was she a member of organisations or incriminating Whatsapp groups which do in fact play a role in the entire conspiracy.

Court said that that on Khureji Protest site, though there was violence reported and attacking on police personnel did take place, Ishrat Jahan was neither physically present in North East Delhi for riots nor was she part of any group, organisation or Whatsapp groups. Court also said that her name did not crop up in flurry of calls or in any CCTV footage or in any of the conspiratorial meetings on 4 different dates. 

It has also been stated that the order however does not discharge Ishrat Jahan from the case of having received money in her account from unexplained sources which was later given to Khalid Saifi, who is an accused in the Delhi Riots cases and to whom a connection to the Delhi Riots at north east is drawn.

Court has further noted that the entire chargesheet spells out the "entire conspiracy" but as far as it ascribes the role of Ishrat Jahan, who is a woman, for the limited purpose of bail on prima facie considerations, it has persuaded the court to allow it, despite restrictions (Embargoes) which are contained in the UAPA or the CrPc.

Jahan has also been asked to furnish a bail bond of Rs. 50,000 with two local sureties and she cannot leave the jurisdiction of NCT of Delhi without permission from the court and neither can she indulge in any kind of criminal activity.

Court's analysis on Delhi Riots basis Chargesheet:

The Court has however found that as per the Chargesheet which if taken at face value, there was a "premeditated conspiracy of the disruptive chakka Jam and incitement to violence resulting in riots".

Court has found that Weapons used, manner of attack, destruction caused shows delhi riots to be pre-planned.

Acts which threaten unity & integrity of India, causes friction in communal harmony, making people feel surrounded & resulting in violence is also a "terrorist act"

Further to this, it is stated that Footages filed by prosecution does show a concerted and premeditated effort of mobilisation of rioters who are armed and who ultimately blocked main Wazirabad road and attacked police personnel in the most Brutal manner.

"Large scale mobilisation of rioters purposely done, to carry out riots in Chand Bagh area which actually happened. Within 10 minutes of final camera being dislocated, one of the major casualty, death of RATTAN LAL & various other police personnel took place"

 

Case Title: Ishrat Jahan Vs. State of NCT Delhi

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