NEW DELHI: The Delhi high court on Tuesday granted bail to Pinjra Tod member Devangana Kalita in a Northeast Delhi violence case, saying the police failed to show that she had instigated women of a particular community or delivered a hate speech
In his 21-page judgment, Justice Suresh Kumar Kait said that her presence is seen in a “peaceful agitation”, which is a fundamental right guaranteed under Article 19 of the Constitution of India. Kalita, a member of the women’s collective Pinjra Tod, was arrested in May.
The court noted that the agitation, held against the Citizenship Amendment Act, had been going on for a long time with print and electronic media present throughout, in addition to the cameras of the police department, but there is no evidence which establishes that the alleged offence took place on Kalita’s action.
The evidence produced constituted statements recorded much belatedly, under Section 164 of the CrPC, though the witnesses remained present at the spot throughout, the court observed.
“Chargesheet has already been filed against the petitioner on June 2. Moreover, I have gone through the inner case diary produced in a sealed cover along with pen drive and found that though her presence is seen in peaceful agitation, which is fundamental right guaranteed under Article 19 of the Constitution of India... (the police, prosecution) had failed to produce any material to show Kalita had instigated women of a particular community or gave hatred speech due to which the precious life of a young man was sacrificed and property damaged," Justice Kail said.
The court granted bail to Ms Kalita on furnishing a personal bond of Rs 20,000 and a surety of the like amount.
Kalita will not be released from jail as four cases are registered against her. While she has managed to secure bail in three, she is yet to get bail in a case under the stringent UAPA.
Kalita and Natasha Narwal, another member of Pinjra Tod, were arrested in the case in May this year by the Crime Branch of Delhi Police and booked under various sections of the Indian Penal Code, including rioting, unlawful assembly and attempt to murder, and the UAPA for “conspiracy” that allegedly led to the riots.
