New Delhi: A Delhi court on Friday rejected the bail plea of former municipal councillor from the Congress Ishrat Jahan, accused of attempt to murder in a case related to violence and rioting in north-east Delhi over the amended citizenship law, saying she does not deserve bail at the present stage of the investigation, "despite being a woman".
"In the present case, the charges are serious in nature. When the protectors of law are targeted in the manner as reflected in FIR and that too, in the gaze of general public, such actions lower the public confidence in the ability of police officers to do their duty... the accused (Jahan), despite being a woman, does not deserve bail at this stage," Additional Sessions Judge Naveen Gupta said in the order.
Jahan was arrested on February 26 for offences under sections 147 (rioting), 148 (rioting, armed with deadly weapon), 149 (unlawful assembly), 186 (obstructing public servant in discharge of public functions), 353 (assault on public servant), 332 (voluntarily causes hurt to public servant), 307 (attempt to murder), 109 (abetment), and 34 (common intention) of the IPC and relevant sections of the Arms Act.
The court said though the public have been protesting against the CAA for over a month, the right to peaceful protests is subject to certain exceptions provided under the Indian Constitution.
"The court is of the view that though the public might have been engaged in protesting against CAA for 49 days, as claimed by counsel for the accused. There is no doubt that a peaceful protest is the essential right in a vibrant democracy as of ours, but this right is subject to certain exceptions provided under the Constitution of India," it said.
During the hearing, the additional public prosecutor, appearing for the police, told the court that Jahan was arrested from the spot of the incident.
"Jahan has been specifically named in the FIR. She has claimed herself to be an advocate, hence, she must not have instigated the public against the police officials who were discharging their public duty. Moreover, she has
criminal antecedent as she was previously involved in obstructing and assault on public servant in 2014," the counsel claimed.
He further informed the court that seven people have been arrested in the case and one countrymade
pistol and one live cartridge recovered from the one of the accused.