HC upholds Ishrat Jahan bail in 2020 Delhi riots case

The Delhi High Court on Friday dismissed an appeal filed by Delhi Police challenging the grant of bail to Congress councillor Ishrat Jahan in a case linked to the North-East Delhi riots.

A Division Bench of Justice Navin Chawla and Justice Ravinder Dudeja noted that more than four years have passed since Jahan was released on bail and there was no material to indicate any breach of conditions imposed by the trial court.

Jahan was arrested in March 2020 and faces allegations under provisions of the Indian Penal Code, the Prevention of Damage to Public Property Act, the Arms Act and the Unlawful Activities (Prevention) Act.

The Special Court had granted her bail in March 2022, recording that she was neither the originator of the “chakka jam” protest plan nor part of any organisation or WhatsApp group allegedly linked to the conspiracy.

The Delhi Police, in their appeal, contended that the trial court had overlooked key evidence and witness statements, and argued that the material on record pointed to a planned and coordinated outbreak of large-scale violence in the national capital.

The appeal also asserted that the riots were not spontaneous but the result of a structured conspiracy involving multiple actors, with timing allegedly aligned to coincide with a high-profile international visit to draw global attention.

It was further argued that the trial court’s order suffered from serious legal infirmities and ran contrary to settled principles governing bail in serious offences.

The High Court, however, declined to interfere with the bail order, effectively allowing Jahan to remain on bail as the trial continues.

In January 2024, the trial court framed charges against Jahan, including attempt to murder and rioting. Proceedings in the case are currently underway.