Ishrat Jahan | SabrangIndia

Delhi Violence: Ishrat Jahan granted bail in wider conspiracy case

Wed, 16 Mar 2022 12:57:54 +0000

Image Courtesy:theleaflet.in

On March 14, 2022, the Karkadooma Sessions Court granted bail to lawyer-activist Ishrat Jahan after 25 months of incarceration. Additional Sessions Judge Amitabh Rawat had reserved orders in Jahan’s bail plea in February this year after extensive arguments had been made by Jahan’s counsel Pradeep Teotia. Special Public Prosecutor Amit Prasad appeared for prosecution.

Ishrat Jahan’s bail application was granted in FIR 59/2020 which alleges a larger conspiracy in the Delhi violence that broke out in February 2020. Jahan was arrested on February 26, 2020, and has been held in custody since then. This was a case under the controversial Unlawful Practices (Prevention) Act (UAPA), and was the second case slammed against dissenters and activists targeted in the case. It is noteworthy that Jahan,a Congress councillor, had vociferously protested the Citizenship Amendment Act (CAA)and was active in leading the protest at Khureji, Delhi.

The bail order imposes the following conditions:

The accused shall neither leave the jurisdiction of NCT of Delhi without prior permission of the court nor shall she indulge in any kind of criminal activity;
She shall also not tamper with any evidence or contact any witness;
She will cooperate in the investigation and shall not indulge in any activity influencing the investigation;
She shall attend the court on every date of hearing or as directed by court;
She will not indulge in any activities for which she is investigated/tried during the period of bail

Brief background of the case

Ishrat was arrested initially on February 26, 2020, on charges of “inciting violence, rioting and attempt to murder” under the Indian Penal Code. After spending a month in judicial custody, Ishrat along with four others were granted bail by Additional Sessions Judge Manjusha Wadhwa on March 21, 2020. The court had noted that the role assigned to Ishrat is that she incited the crowd to remain present at the protest spot as well as raised slogans of freedom, however, no overt act had been imputed to her regarding taking law into her own hands.

On the same day, she was re-arrested under UAPA charges and has remained in jail since then. For a brief period of 10 days, she was released on interim bail on account of her wedding in June 2020. Ishrat had moved for interim bail in November, which had been then rejected by the Delhi Sessions Court.

In December, Ishrat moved an urgent application before the Sessions court alleging harassment and beating from her fellow inmates inside Mandoli jail. The court directed the Jail Superintendent to ensure Ishrat’s safety and security, and also asked the authorities to file a report on this matter on December 22, 2020, accepting that Jahan fears for her life.

Making the argument on Ishrat Jahan’s behalf, advocate Teotia had added, “They have created a fear amongst people. She has been a lawyer. She was a young political person. She has a brilliant acumen. I was victorious from a ward where Muslims were less in number. Both the sects had given vote to her. No Muslim had even won from the said ward.” He further said, “She was a popular lady. They have no single iota of evidence regarding her involvement in the conspiracy. There has to be something.”

Arguments put forth by the prosecution against Ishrat Jahan’s bail

The prosecution argued that Ishrat’s role in the conspiracy must be taken together with the other accused persons and not individually.
A connection is drawn between the Anti-CAA protests in Khureji with the Communal riots in North- East Delhi stating that the creation of 23 protest sites were not organic in nature rather they were planned.
There have also been repeated attempts to draw a connection between Ishrat Jahan and other accused persons in the Delhi riots on the basis of 1097 calls and SMSs between Ishrat and Ammanullah
The prosecution alleges that the sole purpose of the Anti-CAA protests and Delhi riots was to defame the government internationally as also destabilise it.
Ishrat Jahan is alleged to be a contributor to the Delhi riots for making provocative speeches in Khureji.
The prosecution also alleges that the suspicious funds in Ishrat Jahan’s account were used for protests and procuring weapons for the riots.
The prosecution alleges that Ishrat Jahan is a co-conspirator and insinuates her being linked to organisations or incriminating Whatsapp group which plays a role in the entire conspiracy such as Muslim Students of JNU (MSJ) or Jamia Coordination Committee (JCC) or the four Whatsapp groups created by JCC, Pinjra Tod, Students of Jamia (SOJ) or Alumni Association of Jamia Milia (AAJMI) or Delhi Protest Support Group (DPSG).

Arguments put forth in the favour of Ishrat Jahan’s bail

The counsel stated that arrest of the accused in present FIR leads to “double jeopardy” because of previous FIR No. 44/2020.
Then the counsel stated that Section 43D UAPA only puts restrictions but is not an absolute bar to the grant of bail and there is no cogent material to prima facie disclose commission of a terrorist act or conspiracy or an act preparatory to the commission of a terrorist act.
The counsel also alleged that Ishrat Jahan has no deadly weapon or arms, reading material propagating violence were from her.
The counsel claimed that Ishrat Jahan has been falsely implicated in this case out of political vendetta.
The counsel dismisses that Jahan was a member of any banned group or organization or any Whatsapp group or a terrorist organisation that caused the violence and there is no video footage or electronic data or recoveries to prove that she incited the public or caused “terror” as claimed by the prosecution.Instead, the counsel claims that the video footages played in the court Jahan can be seen requesting people to remain peaceful and abide by the law.
The counsel also turns down the allegations made about Jahan’s connection with Amanatullah Khan to form Jamia Awareness Campaign Team (JACT).The counsel states that only 132 calls have been recorded to be made between Amanatullah and Ishrat Jahan as opposed to the prosecution’s allegations of 1097 calls and messages. It further states that out of those calls, 29 calls are zero second calls and there is no proof of incriminating messages that could establish conspiracy regarding riots.
The counsel denies prosecution claims about connections between Ishrat and Devangana as there is no evidence to establish the same. The only chat, the counsel admitted, is between Jahan and co-accused Tasleem, which are not ‘incriminatory’.
The counsel argues that the accused had only conducted peaceful protest against the CAA at Khureji site which was not banned and where no riots took place.
The counsel also claimed discrepancies in the witnesses produced by the prosecution and stated that they were either false or cannot be trusted.
Regarding Ishrat Jahan’s bank account, the counsel argued that her passbook indicates the same of pattern of expenditure as it was before the period in question.
The counsel also contended that even when Ishrat was out on interim bail in June 2020, she did not influence any witness or hamper the investigation
It was also argued that the Right to Protest is a fundamental right guaranteed under the Constitution of India and that no complaint of any kind of criminal activity had been moved against any of the anti-CAA protestors, besides her.

Grounds for granting bail

Quoting section 43D of UAPA, the Court stated that as per the section, there should be reasonable grounds in the court’s opinion for believing that accusation against the accused is prima facie true. Therefore, apart from the general conspiracy and applicability of UAPA, the Court took into consideration the material against Ishrat Jahan and drew the following conclusions:

Ishrat Jahan is not the one who created the idea of chakka-jam;
She is not a member of any of the organizations or incriminating Whatsapp group which plays a role in the entire conspiracy;
She is not a member of Muslim Students of JNU (MSJ) or Jamia Coordination Committee (JCC) or any of the four Whatsapp groups created by JCC, or Pinjra Tod, or Students of Jamia (SOJ) or Alumni Association of Jamia Milia (AAJMI) or DPSG;
Ishrat Jahan was only involved in the protest site at Khureji, Delhi which is away from North-East Delhi where the horrendous riots took place in February 2020 and the two places are not even contiguous;
Even though the Court accepts that she had connectivity with the other accused persons, it considers the fact that she was neither physically present in North-East Delhi for riots nor was she part of any group, organization or Whatsapp groups or her name cropped in flurry of calls or in any CCTV footage or in any of the conspiratorial meetings;

Therefore, taking a wide view of Ishrat Jahan’s role in the entire conspiracy, the court allowed the bail application despite the embargoes contained in Cr.PC and UAPA. The Court briefly mentionedthatthe allegations of her provocative speeches at Khurejicontributing to the violence in North-East Delhi and the allegations of suspicious funds in her account used for the purpose of protest would be dealt in the due course of the court proceedings.

The Court’s order may be read here:

Why is UAPA known as a draconian statute?

The Unlawful Activities (Prevention) Act (UAPA), which after amendments made in 2004 and 2008, introduced acts of terrorism, funding terrorist activity and conspiracy to commit acts of terror into its ambit (the law dates back to the 1960s), has been regularly abused since then, often to incarcerate politically inconvenient voices, more especially so by the executive in the past seven years.

Ishrat Jahan was charged under the draconian UAPA. Sections 13 (Punishment for unlawful activities), 16 (punishment for terrorist act), 17 (punishment for raising funds for terrorist act) and 18 (punishment for conspiracy) of the UAPA were also added against her by the Delhi Police.

The main reason why UAPA is known as a draconian statute is because the proviso of Section 43-D of the Act states that if it is not possible to complete the investigation within the stipulated period of 90 days, the Court may if it is satisfied with the report of the Public Prosecutor indicating the progress of the investigation and the specific reasons for the detention of the accused beyond the said period of 90 days, extend the period upto 180 days.

Hardships faced by Ishrat Jahan in Jail

In November 2020, when Ishrat moved for interim bail which was rejected by the Delhi Sessions Court, Ishrat’s lawyers had argued that in October, 2020 she had taken a fall in the bathroom where she sustained spinal injuries. She was already suffering from spinal ailments but since she was in jail, she had not been receiving any proper treatment and that aggravated her back pain. Jahan’s migraine was also getting out of hand and in addition to this, she also developed high blood pressure and anxiety. Her lawyers had argued that she is a law-abiding citizen and that due to Covid-19, she should be granted bail.

The State objected to her bail plea and told the court that Jahan had tested negative for Covid-19 and that the jails were being regularly sanitised. They also submitted that the situation was “totally under control” and that she had been receiving proper treatment in jail for her “minor health issues”.

Additional Sessions Judge, Amitabh Rawat, who was hearing her case, agreed with the State and found no cogent reason to enlarge her on interim bail on medical grounds. He said, “the applicant is complaining of cervical, spine injury/lower back pain, migraine and high blood pressure. There is no medical emergency shown by the applicant. Moreover, as per the report of the Jail Superintendent, Tihar Jail, all the necessary protocols regarding Covid-19 related precautions are being taken and the situation is totally under control. There is no Covid scare inside jail. The applicant is also being given proper treatment for her minor health issues and her condition is stable.”

In December 2020, Ishrat moved an urgent application before the Sessions court alleging harassment and beating from her fellow inmates inside Mandoli jail. Her lawyer Pradeep Teotia contended that this was not one isolated incident and that she had been facing regular discrimination and beatings at the hands of other inmates.Her family had alleged that Ishrat had been attacked, her clothes torn, head smashed against the wall several times. Her mental, emotional and physical health had been affected under such circumstances.

According to an Indian Express report, Ishrat had told the court that this was the second incident in a month. “In the morning today at 6.30, they (inmates) beat me badly and abused me verbally. One of the inmates even slit her hand so I’m punished on a false complaint. Fortunately, jail officials did not listen to them. I have given a written complaint. They keep calling me a terrorist. They also demanded money from me in the canteen,” she was quoted saying by the IE.

ASJ Rawat had orally observed, “She (Jahan) seems to be in a state of utter fear. Please talk to her immediately and understand the situation. File a detailed report about steps taken to allay her apprehension and fear. Take all necessary steps, take immediate steps. I don’t want to hear that the accused was further harassed by her inmates or anybody else because she complained. I do not want to hear that the present accused is harmed in any way,” as per the IE report.

The other accused in the Delhi Riots case had also been facing similar discrimination inside jails, recorded Judge Rawat. Further, the court directed the Jail Superintendent to ensure Ishrat’s safety and security and also asked the authorities to file a report on this matter on December 22, 2020, accepting that Jahan is fearful of her life.

According to her sister Sarwer, Ishrat had been “very active and healthy all throughout” however the “grave trauma and stress of this case being falsely put on her she has become a patient of high BP and other psychological health related issues inside the jail.” Ishrat had been asking for medicines, however, her sister says all she had been given in jailwas a “a paracetamol for all issues.” Her sister also stated that she was confined to the barrack due to the Covid-19 restrictions inside the prison and there was no ‘time out’ given even for an hour in 24 hours to step outside for fresh air. Her family had feared that the isolationand lack of movement would aggravate Ishrat’s health problems. Sarwer shared that even in the peak summer, the cell had coolers placed, which were ineffective as they had no water supply. The drinking water dispensers were kept in the sun, and inmates had no access to cool water in the summer.

Not one to be sitting idle even under trying circumstances, Ishrat, had started teaching yoga to women lodged with her in the barrack. She spent her whole day doing yoga, reading a few books and the Quran. Though there have been many moments, when tears have flown as freely from her eyes, as the prayers did from her lips. For Ishrat, as it is for all political detainees, the time she spent in jail was a massive punishment in itself. Outside the jail, her family, and an extended family of friends and well-wishers who underwent a similar trauma. Her widowed mother, her sister, and her husband now release a sigh of relief as she has been granted bail after the 25 months long wait.

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Freedom for Ishrat Jahan as Court grants her bail!

Mon, 14 Mar 2022 14:16:08 +0000

On Monday late afternoon, March 14, 2022, the Karkadooma sessions court granted bail to lawyer-activist Ishrat Jahan after 25 months of incarceration. Additional Sessions Judge Amitabh Rawat had reserved orders in Jahan’s bail plea in February this year after extensive arguments had been made by her counsel Pradeep Teotia appearing on behalf of Ishrat Jahan. Special Public Prosecutor Amit Prasad appeared for prosecution. Ishrat Jahan’s bail application was granted in FIR 59/2020 which alleges a larger conspiracy in the Delhi Riots that happened in 2020. She was arrested on February 26, 2020, and has been under custody since then. This was a case under the controversial Unlawful Practices Act — UAPA case– the second case slammed against one of the leading anti-CAA protesters in Delhi. Ishrat Jahan, a Congress councillor was active in leading the protest at Khureji, Delhi. Till 7.30 p.m. the bail order was not out and is expected to be made public late in the night.

Ishrat was initially arrested on February 26, 2020, on charges of “inciting violence, rioting and attempt to murder” under the Indian Penal Code. After spending a month in judicial custody, Ishrat along with four others were granted bail by Additional Sessions Judge Manjusha Wadhwa on March 21, 2020. The court had noted that the role assigned to Ishrat is that she incited the crowd to remain present at the protest spot as well as raised slogans of freedom, however, no overt act had been imputed to her regarding taking law into her own hands.

Making the argument on Ishrat Jahan’s behalh, advocate Teotia had added, “They have created a fear amongst people. She has been a lawyer. She was a young political person. She has a brilliant acumen. I was victorious from a ward where Muslims were less in number. Both the sects had given vote to her. No Muslim had even won from the said ward.”

“She was a popular lady. They have no single iota of evidence regarding her involvement in the conspiracy. There has to be something.”

Prosecution’s Arguments

According to Prasad, it was submitted that is the the prosecution’s case that there was a premeditated conspiracy to commit North East Delhi riots between the accused. In view of this, he had submitted that whoever does whatever singular act as a part of criminal conspiracy will be responsible for other’s act. Prasad had relied on the chargesheet to argue that a WhatsApp group was created called MSJ allegedly formed by Sharjeel Imam. Reading the contents of chargesheet, Prasad had said that the chats revealed that Imam was in touch with a “communal and radical group called Students of Jamia.” FIR 59/2020 registered against Jahan contains stringent charges including Sections 13, 16, 17, 18 of the UAPA, Sections 25 and 27 of the Arms Act and Sections 3 and 4 of the Prevention of Damage to Public Property Act,1984 and other offences under Indian Penal Code, 1860.

Others who were charge-sheeted in FIR 59/2020 include Former AAP Councillor Tahir Hussain, Jamia Coordination Committee members Safoora Zargar, Meeran Haider and Shifa-Ur-Rehman, activist Khalid Saifi, Shadab Ahmed, Tasleem Ahmed, Salim Malik and Athar Khan. A supplementary charge-sheet was thereafter filed in the case against former JNU student leader Umar Khalid and JNU student Sharjeel Imam. The bail applications, pending orders against Imam and Umar Khalid have now been further delayed and reserved for March 21.

CJP has been actively campaigning for Ishrat’s release and showcasing her relentless struggle over the past 25 months. The timeline of her journey. can be referred here. Ishrat allegedly used to be “beaten, abused and called a terrorist” by inmates, in her cell in Mandoli jail. Jahan had told the court that she was attacked, beaten up and verbally abused that morning, and that one of her attackers slit her own hand so that she was punished based on a false complaint.

Her husband, Farhan Hashmi had previously alleged, “Her clothes have been torn, her head smashed against the wall several times. She is being constantly abused and threatened. They are constantly extorting her to do things… to let her live peacefully. They are saying things like she has to arrange a litre of milk everyday.” There were sustained news reports in which Ishrat Jahan had told the additional sessions judge Amitabh Rawat that this was the second such attack within one month. She said she had been assaulted, and was under “immense stress due to the continuous physical and verbal harassment.”

Here is a list of 10 Anti-CAA-NPR-NRC protestors who have been vilified in Delhi and must not be forgotten. Over the past few months, bail applications to several of those young leaders accused of a ‘conspiracy’ behind the Delhi 2020 violence have been heard. While in 2020 most cases were rejected by lower courts, on June 15, 2021 three such activists, Asif Iqbal Tabha, Devangana Kalita and Natasha Narwal were granted bail by a division bench of the Delhi high court. In landmark verdicts the Court held that the offences, if at all made out did not fall under the ambit of “terrorist act” as defined under the UAPA. An analysis of the Delhi High Court verdict may be read here and here.

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State is deriving sadistic pleasure by extending custody period, its torture: Ishrat Jahan

Thu, 26 Aug 2021 11:14:24 +0000

Image Courtesy:livelaw.in

Former Congress councillor and human rights defender Ishrat Jahan’s bail application came up for hearing before a Delhi district today, on August 26. She has been booked under the Unlawful Activities (Prevention) Act (UAPA) in connection with the Northeast Delhi violence case.

Pradeep Teotia, appearing for Jahan, told the court that the Delhi Police is unnecessarily increasing her period of incarceration and deriving “sadistic pleasure” out of this. Additional Public Prosecutor, Amit Prasad (appearing for Delhi Police) argued that Jahan’s bail application was not maintainable because it was filed under section 439 (Special powers of High Court or Court of Session regarding bail) of the Criminal Procedure Code whereas, the special court can only hear cases filed under section 437, which deals with the provisions of when bail matters may be taken up in case of a non-bailable offence.

To this, Pradeep Teotia told Additional Sessions Judge Amitabh Rawat that the court had heard bail applications under section 439 and that the prosecution knew this beforehand and still did not point it out earlier. He said, “Rule of practice and Rule of law are different. Prosecution wants to derive sadistic pleasure that I will continue to be in custody? I can file a new application. The Court has already heard the application on merits.”

The court also raised the issue that the arguments will remain the same irrespective of applications. But Amit Prasad contended that the arguments will change. He argued, “By invoking a wrong provision of law, they (Ishrat Jahan) can’t seek remedy. If the application itself is not maintainable, what are we arguing about then?”

To this, Teotia reiterated that the State should have highlighted this issue earlier and not wait for six months to pass by. He argued, “This is torture on me also. After taking so much of Court’s time! Then, one should also not seek bail orally. I don’t have any words. Someone has been in jail, court can’t see if prosecution and defense are fighting like cat and mouse.”

He added that this is a trivial issue and that this will not change his prayer, facts of the case or his arguments for bail. The court asked if the procedure is different because this is a bail application under the stringent anti-terror law. Judge Rawat asked, “Is there not a requirement to file an application?” Teotia expressed his displeasure over filing a second application for which another date will have to be sought, delaying the process of seeking bail.

He further said that the case should be adjudicated fairly and hiding the issue of maintainability for 6 months and then raising it, is a “waste of judicial time”. Public Prosecutor Amit Prasad argued that he had judicial precedents in support of his arguments, and the court asked him to submit the judgments in this regard. The matter has been posted on September 1 for further hearing.

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No evidence of conspiracy against me: Ishrat Jahan to Delhi court

Fri, 23 Jul 2021 09:39:59 +0000

Additional Sessions Judge Amitabh Rawat continued to hear the bail application filed by former Congress councillor and lawyer Ishrat Jahan, who has been accused in last year’s conspiracy case of North East Delhi violence. The next date for the hearing is now August 2, 2021, where the Special Public Prosecutor Amit Prasad will start his arguments, opposing Jahan’s bail plea.

Pradeep Teotia, senior counsel appearing for Ishrat Jahan, argued that there is no evidence against her in the conspiracy case to be booked under the stringent Unlawful Activities (Prevention) Act, 1967. Jahan has been charged under sections 13 (Punishment for unlawful activities), 16 (punishment for terrorist act), 17 (punishment for raising funds for terrorist act) and 18 (punishment for conspiracy) of the UAPA. He argued that Ishrat has been falsely implicated and is not a hardliner, as projected by the Delhi Police.

Teotia further argued, “I (Ishrat Jahan) was victorious counsellor from a ward where Muslims were are in a minority. She was the only woman to win. She was victorious because of her secular image. I have participated in both Hindu and Sikh processions. They have projected me as a hardliner, but I have been popular in all events, there is no connection with the conspiracy.”

He added, “She was a popular lady, there is not a single iota of evidence to suggest that she was attached to this conspiracy. The prosecution and the investigation agency have no evidence that can qualify to put her behind bars under UAPA. There is no bar on bail for Ishrat.” He also referred to the time last year, when Ishrat was granted interim bail for her wedding between June 10 to June 19, to contend that she did not attempt to influence any witness.

He then referred to Jahan’s financial transactions in 2019 and told the court that her “pattern of financial withdrawal and deposit has not changed”, and that the police does not have any qualitative evidence against her. He informed the court that the Police had failed to show any evidence in totality. “The evidence is piecemeal and not in totality. If shown properly, it will be proved that I am not guilty”, he said while concluding his arguments.

Ishrat was initially arrested on February 26, 2020, on charges of inciting violence, rioting and attempt to murder under the Indian Penal Code. After spending a month in judicial custody, Ishrat along with four others were granted bail by Additional Sessions Judge Manjusha Wadhwa on March 21, 2020. The court had noted that the role assigned to Ishrat is that she incited the crowd to remain present at the protest spot as well as raised slogans of freedom, however, no overt act had been imputed to her regarding taking law into her own hands.

On the same day, she was re-arrested under UAPA charges and has remained in jail since then. For a brief period of 10 days, she was released on interim bail on account of her wedding in June last year. Ishrat had moved for interim bail in November, which was rejected by the Delhi Sessions Court.

Over the past few months, bail applications to several of those young leaders accused of a ‘conspiracy’ behind the Delhi 2020 violence have been heard. While in 2020 most cases were rejected by lower courts, on June 15, 2021 three such activists, Asif Iqbal Tabha, Devangana Kalita and Natasha Narwal were granted bail by a division bench of the Delhi high court. In landmark verdicts the Court held that the offences, if at all made out did not fall under the ambit of “terrorist act” as defined under the UAPA. An analysis of the Delhi High Court verdict may be read here and here.

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Meet Ishrat Jahan citizen, advocate, activist, politician, daughter, sister, and wife

Thu, 22 Jul 2021 10:54:29 +0000

Ishrat Jahan is an advocate, activist and a political leader, numerous photographs of her over the years, always show her smiling. Often surrounded by groups of people, sometimes at interfaith gatherings, or speaking at a public function, or simply surrounded by school kids, Ishrat Jahan always has a smile on her face in these photos. She also seems to be a natural leader, a people’s person, qualities that ensured she was elected as a municipal councillor in 2012 on a Congress ticket. A trajectory that can put her in one of those ‘40-under-40’ list of achievers, however, Ishrat Jahan has been in jail since February 26, 2020. She has been accused of being a ‘mastermind’ of the northeast Delhi riots conspiracy case and has been charged under the Unlawful Activities (Prevention) Act (UAPA). Jahan had been granted a short interim bail, for her own wedding on June 12, 2020. She returned to jail, just days after the nikah, a newly wed with the henna on her hands still bright. Isolated inside Mandoli jail, Yoga, readings of books and the Quran help her survive.

There were a few thousands at the Khureji protest last year. However, Ishrat Jahan, a resident of Khureji, is perhaps the only one who was a known local political figure. She had been a local Congress councillor from 2012-17, and had reportedly also been associated with the All India Congress Committee (AICC). That she was a public figure, she had once said, could be one of the reasons why she was singled out from a protest that well over a thousand women attended. While some Congress leaders from Delhi had made a few statements when she had been arrested initially, most of them have been silent since then. Ishrat, has also not really got the massive public campaigns of support that some of her co accused have attracted. Anil Chowdhary, president, Delhi Pradesh Congress Committee had then stated, “We stand firmly behind Ishrat Jahan and will do everything required to ensure she is out of jail.”

However, the public statements of solidarity seem to have faded away since then. After spending a month in judicial custody, Ishrat along with 4 others were granted bail by Additional Sessions Judge Manjusha Wadhwa on March 21, 2020. The same day she was implicated in FIR number 59 of 2020, and re-arrested. This time she was charged under the draconian UAPA. It has been 15 months since Jahan has been incarcerated. Her bail application will be heard before the Karkardooma court on Friday July 23. A timeline of her case under two different FIRs may be read here.

Faith in judiciary

On the day of her wedding, Ishrat Jahan, a bride on bail as it were, had been positive and reposed her faith in the judicial system, she had hoped that she would be granted bail soon. In an interview to The Quint that day, she had said she was the first to get bail for her wedding, and had perhaps read that as a positive sign, as she was sure that the courts will see her innocence. “I am a local resident, and had gone to the protest where there were over a thousand women,” she had said she was innocent.

Others accused in cases related to the Delhi riots, include students and activists such as Asif Iqbal Tanha, Natasha Narwal and Devangana Kalita, Umar Khalid, Safoora Zargar, Khalid Saifi, Mohammad Saleem, Sameer Ansari and Vikram Thaku. Recently, Asif Tanha, Devangana Kalita and Natasha Narwal were released on bail, Zargar was released on bail before that. Efforts are still on to seek the release of the others still in jail. All of them have told the courts of the horrors they face behind bars, even though they are all under trails and not convicts.

Beaten and abused by other inmates

Ishrat had told the courts that she was “beaten and abused” by inmates, in her cell in Mandoli jail. Of all the 23 young persons brutally incarcerated following the dramatic anti-CAA/NPR/NRIC protests in 2019-2020, she is the only woman under trial at Mandoli. Her life is lonely and she has been the target of attacks. The court had then told the jail authorities in December 2020, to take steps to ensure Ishrat’s security in jail. Her family had alleged that Ishrat had been attacked, her clothes torn, head smashed against the wall several times. Her mental, emotional and physical health is likely to have been affected under such circumstances.

According to her sister Sarwer, Ishrat has been “very active and healthy all throughout” however the “grave trauma and stress of this case being falsely put on her she has become a patient of high BP and other psychological health related issues inside the jail”. Ishrat has been asking for medicines, however, he sister says all she has been given in jain is a “a paracetamol for all issues.” She is also “confined to the barrack due to the Covid-19 restrictions inside the prison; there is no ‘time out’ given even for an hour in 24 hours to step outside for fresh air” stated her sister. This isolation, and lack of movement, her family fears, can aggravate Ishrat’s health problems. Sarwer shared that even in the peak summer, the cell had coolers placed, which were ineffective as they had no water supply. The drinking water dispensers are kept in the sun, and inmates had no access to cool water in the summer.

Not one to be sitting idle even under trying circumstances, Ishrat, has “started teaching yoga since last month to women lodged with her in the barrack” shared Sarwer. So now, the lawyer-activist “spends her whole day doing yoga, reading a few books and the Quran,” said her sister. Though there are still many moments, when tears flow as freely from her eyes, as the prayers do from her lips. For Ishrat, as it is for all political detainees, the time she spends in jail is a massive punishment in itself. Outside the jail, there is her family, and an extended family of friends and well-wishers who are also undergoing a similar trauma. Her widowed mother, her sister, and her husband now just await her return patiently.

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After 15 months in jail, Ishrat Jahan awaits bail: Delhi Violence Case

Thu, 22 Jul 2021 08:32:39 +0000

Image Courtesy:hindustantimes.com

Advocate, Ishrat Jahan, has been booked under the Unlawful Activities (Prevention) Act, 1967, for her alleged role in the North East Delhi violence of 2020, when in fact she was a pro-active in organizing the anti-CAA/NPR-NRIC protests that rocked Delhi in December 2020-January 2021 in the area of Khureji. She was among the first to be arrested on February 26, 2020, in FIR number 44 of 2020 for charges of rioting, obstructing a public servant on duty, assault, attempt to murder under the Indian Penal Code and relevant sections of the Arms Act. A former Congress Municipal Councillor, Ishrat Jahan has been lodged in Mandoli prison and her case has received little public attention.

Ishrat, along with Khalid Saifi, Mohammad Saleem, Sameer Ansari and Vikram Thakur, who participated in the anti-CAA protests, were arrested for defying the instructions of the Police to vacate the road but “they refused to do so and incited other members of the crowd to remain there (at the protest site of Khureji Khas)”. The Delhi Police alleged that, “the protesters refused to obey the direction and applicant Ishrat Jahan incited the crowd by stating that they would not remove themselves even if they die and whatever police may do, they shall have their freedom.”

After spending a month in judicial custody, Ishrat along with 4 others were granted bail by Additional Sessions Judge Manjusha Wadhwa on March 21, 2020. The court noted that the role assigned to Ishrat is that she incited the crowd to remain present at the protest spot as well as raised slogans of freedom, however, no overt act had been imputed to her regarding taking law into her own hands. The judge also said, “There are no allegation of use of katta (zip gun) by her or providing the same to any other member of the crowd and thus invocation of Section 307 (attempt to murder) IPC against her is debatable.”

Instead of letting her out on bail, Ishrat was implicated in another FIR number 59 of 2020, on March 21 itself for the purpose of investigation of an alleged conspiracy behind the communal violence. This is a time-tested strategy of the government. The only difference was that this time, she was charged under the draconian UAPA. Sections 13 (Punishment for unlawful activities), 16 (punishment for terrorist act), 17 (punishment for raising funds for terrorist act) and 18 (punishment for conspiracy) of the UAPA were also added against her by the Delhi Police.

Over two months later, the Patiala House Court released her on interim bail from June 10 to June 19 on account of her wedding with Farhan Hashmi that was fixed for June 12, 2020. While she was out on bail, Judge Dharmender Rana passed an order wherein the police were granted an extension of 60 days to complete the investigation in cases pertaining to the violence against her.

She approached the Delhi High Court against this order but the High Court dismissed her plea on July 31, 2020 ruling that all the requirements under Section 43-D of the Unlawful Activities (Prevention) Act, 1967 had been duly satisfied and hence, there was no ground for interference with Judge Rana’s order.

The reason why UAPA is known as a draconian statute is because the proviso of Section 43-D of the Act states that if it is not possible to complete the investigation within the stipulated period of 90 days, the Court may if it is satisfied with the report of the Public Prosecutor indicating the progress of the investigation and the specific reasons for the detention of the accused beyond the said period of 90 days, extend the period upto 180 days.

ASJ Dharmendra Rana had ruled that there were “sufficient reasons” to extend the period of investigation and detention of Jahan beyond the period of 90 days as contemplated under section 43-D of UAPA. He had accepted the State’s argument that that the case involves “a deep rooted and large scale conspiracy and the key conspirators are yet to be arrested, the source of illegal funds is required to be investigated, mobile phone data is to be retrieved and analysed, the conspiracy is multi layered and the deep rooted conspiracy is to be unearthed, certified copies of complete details of mobile phones of accused are still awaited and same is to be examined for the purpose of investigation and the prosecution sanction under section 45 of the UAPA and other necessary permission is still awaited.”

Justice Suresh Kumar of the Delhi High Court, thus concurred with this opinion and did not interfere with the decision to grant extension of time to complete the investigation. Since then, on June 15 this year, a division bench of the Delhi High court granted bail to three other activists, Asif Iqbal Tanha, Devangana Kalita and Natasha Narwal observing that no offences under the draconian UAPA were made out in the charge sheet against them.

Jailed for over 8 months, Ishrat then moved for interim bail which was rejected by the Delhi Sessions Court on November 26, 2020. Ishrat’s lawyers had argued that in October she had taken a fall in the bathroom where she sustained spinal injuries. She was already suffering from spinal ailments but since she was in jail, she had not been receiving any proper treatment and that aggravated her back pain. Jahan’s migraine was also getting out of hand and in addition to this, she also developed high blood pressure and anxiety. Her lawyers had argued that she is a law-abiding citizen and that due to Covid-19, she should be granted bail.

In December, Ishrat moved an urgent application before the Sessions court alleging harassment and beating from her fellow inmates inside Mandoli jail. Her lawyer Pradeep Teoatia contended that this was not one isolated incident and that she had been facing regular discrimination and beatings at the hands of other inmates.

In July 2021, after having spent 15 months in jail, Ishrat has moved court for regular bail in the UAPA case against her. She has contended before the court that even when she was out on interim bail in June last year, she did not influence any witness or hamper the investigation. She has argued that the Right to Protest is a fundamental right guaranteed under the Constitution of India and that no complaint of any kind of criminal activity had been moved against any of the anti-CAA protestors, besides her.

She has also alleged that no deadly weapon or arms, reading material propagating violence were recovered from her. There is also no allegation against her of being a member of a banned organisation or a terrorist group under the UAPA. Her bail hearing is scheduled to be held on Friday, July 23.

The post After 15 months in jail, Ishrat Jahan awaits bail: Delhi Violence Case appeared first on SabrangIndia.

They call me a terrorist, beat me up: ex Congress councillor Ishrat Jahan

Wed, 23 Dec 2020 12:31:14 +0000

Image Courtesy:nationalheraldindia.com

A Delhi court has directed Mandoli jail authorities to take immediate steps to ensure former Congress councillor and UAPA accused undertrial Ishrat Jahan’s security. The court also asked the jail officials to ensure that she was not harassed further. The judge also sought a detailed report from the prison authorities on Wednesday detailing the steps that have been taken and to mention if shifting Jahan to another jail was required.

Ishrat Jahan’s husband Farhan Hashmi and sister Sarwer Jahan have alleged that she was “beaten and abused” by inmates, in her cell in Mandoli jail on Tuesday, December 22, as reported The Quint.

According to the report, Farhan said, “This is the second time that this is happening. Her clothes have been torn, her head smashed against the wall several times. She is being constantly abused and threatened. They are constantly extorting her to do things… to let her live peacefully. They are saying things like she has to arrange a litre of milk everyday.”

The former Congress councillor Ishrat Jahan, arrested in connection with the north-east Delhi riots, and charged under the stringent Unlawful Activities (Prevention) Act, herself told a city court that she was assaulted by inmates at Mandoli Jail, stated news reports. Some other accused have also alleged that they too are being discriminated against and harassed.

According to multiple news reports Ishrat Jahan told the additional sessions judge Amitabh Rawat that this was the second such attack within one month. She said she had been assaulted, and was under “immense stress due to the continuous physical and verbal harassment.” Jahan told the court that she was attacked, beaten up and verbally abused in the morning, and that one of her attackers slit her own hand so that “I am punished based on a false complaint. I have given a written complaint also” she said, addin that the other inmates “keep calling me a terrorist”.

The Assistant Superintendent of Mandoli jail confirmed the incident and told the court that necessary steps have been taken. However, the judge told the jail official, that Jahan “seems to be in a state of utter fear. Please talk to her immediately and understand the situation. File a detailed report about the steps taken to allay her.”

The state unit of the Congress has also stood behind Jahan, Anil Chowdhary,

President, Delhi Pradesh Congress Committee stated, “We stand firmly behind Ishrat Jahan and will do everything required to ensure she is out of jail.”

It is extremely shocking the way entire machinery is constantly harassing her for raising voice against injustice.

We stand firmly behind Ishrat Jahan and will do everything required to ensure she is out of jail.https://t.co/KEtnywtdXs

— Anil Chaudhary (@Ch_AnilKumarINC) December 23, 2020

According to the Indian Express, Advocate Pradeep Teotia, appearing for Jahan, also told the court of previous incidents of assault faced by Jahan. He said, “One of the inmates beat her up badly previously. A complaint was filed before the Deputy Superintendent and that inmate was shifted to another jail. There are two ladies in her prison cell who beat her up today. While she was offering her morning prayers, they objected to it and started abusing and beating her.”

Jahan added that she “was suffering from a medical condition” but had not been taken for a medical examination yet. The IE report added that

Advocate Rizwan, appearing for co-accused and suspended AAP councillor Tahir Hussain, also told the court that most of the riot accused were facing discrimination in prison, either by inmates or jail authorities, and that “they have been declared terrorists before conclusion of the trial. Jail authorities behave adversely with them,” he said adding that a “proper monitoring by the court is important in the cases, especially the conspiracy case in which the accused have been booked under the UAPA.”

ASJ Rawat has said, “An accused is an accused, not a convict.”

According to the IE, even Jamia student Asif Iqbal Tanha, also facing trial in a riots case, told the court he has repeatedly been called a “terrorist” in jail, co-accused Athar Khan also asked the court to shift him from the general ward since other inmates “behave strangely” with him after hearing he is a riot accused.

Now, Ishrant Jahan has put on record that she has been facing harassment in jail for the past four months and had requested that she be shifted to Tihar, but the request was denied due to the Covid-19 pandemic. Advocate Pradeep Teotia, contended that previously too she had been beaten up, following which one of the inmates was shifted to another jail. Meanwhile, ASJ Rawat apart from directing jail authorities to take immediate steps to ensure Jahan’s security and ensure that she was not harassed further, has also sought a detailed report from the prison authorities on Wednesday, detailing the steps that have been taken and to mention if shifting Jahan to another jail was required.

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