Delhi High Court has granted bail to JNU student as Delhi police failed to produce any material against Devangana Kalita to show that she instigated women of a particular community or gave hatred speech leading to violence.
Devangana, one of the founders of the organization ‘Pinjra Tod’ which works for the gender equality, was arrested on May 23 along with her friend Natasha Narwal in relation to the FIR registered over Jarabad sit-in protest. After they were granted bail in the above case, they were re-arrested in another FIR registered by Crime Branch under Unlawful Activities Prevention Act in relation to alleged conspiracy behind Delhi riots.
After going through the case diary along with the pen drive submitted by the police in a sealed cover, the court noted that though her presence is seen peaceful agitation, there was no material produced to show that she instigated violence or gave hate speech.
Justice Suresh Kumar Kait observed that “after going through all material it is found that though her presence is seen in peaceful agitation, which is fundamental right guaranteed under Article 19 of the Constitution of India, however failed to produce any material that she in her speech instigated women of particular community or gave hatred speech due to which precious life of a young man has been sacrificed and property damaged”.
In this regard, the court noted that the agitation against Citizenship Amendment Act- NRC was going on for a long time within the presence of print and electronic media and that there was no evidence to show that the offence took place due to the acts of Kalita.
At the same time, the court clarified that it was not commenting on the merits of the prosecution case, the court held that Kalita was entitled to bail in the present case. Though granted bail, Kalita will remain in jail as she is under custody in another FIR No. 59/2020 of Delhi Police crime branch, registered under UAPA for alleged conspiracy behind Delhi riots.