June 23, the third day of Safoora Zargar’s fourth bail hearing plea ended well. The activist has now been set free after spending months in jail, despite being pregnant.
The Jamia Millia Islamia student and anti-CAA activist has to provide a personal bond of ₹10,000 and follow certain conditions set by the Delhi High Court. While granting bail, the High Court said that she “must not get involved in activities that may harm the investigation. She also cannot leave Delhi without permission and has to stay in touch with an Investigating Officer at least once in 15 days.”
She was granted bail after SC General, Tushar Mehta appearing for Delhi Police, notified the court that the state allows, on “humanitarian grounds” to free Safoora on regular bail. They claimed that this has no relation to the virtues of the bail plea, and it shall not set a pattern for other cases.
On the 22nd of June 2020, AG Mehta had opposed Zargar’s bail plea even though she was a political prisoner charged under the Unlawful Activities (Prevention) Act (UAPA) for alleged dissent. He stated that thirty-nine deliveries took place in Tihar jail over the last ten years, and adequate medical care was being provided for Safoora.
As reported by The Quint, the Delhi police had declared that her pregnancy cannot be grounds to grant bail. “The law does not make any distinction in this regard. It is stated that the law unambiguously contemplates provisions to deal with pregnant criminal which itself indicates that the law permits the use of sanction against this class of offenders,” the status report read.
The first few bail pleas were rejected and withdrawn again and again. Her lawyers, fellow activists, and students were moving to court ever since she got arrested on April 10, 2020. It is a relief that the activist is out of jail, but as they say, justice delayed is justice denied.