NEW DELHI: Pinjra Tod activist Devangana Kalita was present in a peaceful agitation, which is a fundamental right guaranteed under Article 19 of the Constitution, the Delhi High Court said on Tuesday, while granting bail to her in a Northeast Delhi riot case.
“The police had failed to produce any material to show Kalita had instigated women of a particular community or gave hatred speech due to which precious life of a young man has been sacrificed and property damaged,” Justice Suresh Kait said.
This is the third case in the February riots in which the JNU student got bail, but she will remain behind bars as the Special Cell is probing her alleged role in the riots to unearth the larger conspiracy behind the violence.
“In my considered opinion, no prejudice would be caused to the respondent’s investigation by grant of relief to the petitioner, and she would be prevented from suffering further unnecessary harassment, humiliation, and unjustified detention,” the court noted.
The police informed the court that Kalita’s presence at the spot was disclosed by a witness in his statement recorded before the magistrate under Section 164 of the Code of Criminal Procedure.
But, Justice Kait refused to accept this saying the witness never named Kalita in his statement. “Admittedly, agitation was going on since long, print and electronic media was present throughout, in addition to cameras of police department, but there is no such evidence, which establishes that the alleged offence has taken place on the act done by the petitioner, except statements recorded under Section 164 CrPC much belatedly, though those witnesses allegedly remained present at the spot throughout,” stated the order.
Kalita was arrested without a notice and evidently did not evade arrest or even file for anticipatory bail because she had no reason to believe that she ought to be in custody, the court said. “The petitioner is a student pursuing her higher education and sufficient standing in society without any possibility of fleeing from justice,” Justice Kait said, setting aside the police submission that she might tamper with evidence.