Riots: Pinjra Tod member gets bail

The Delhi high court on Tuesday granted bail to Pinjra Tod member Devangana Kalita in a Northeast Delhi violence case, saying the police failed to show that she had instigated women of a particular community or delivered a hate speech

In his 21-page judgment, Justice Suresh Kumar Kait said that her presence is seen in a “peaceful agitation”, which is a fundamental right guaranteed under Article 19 of the Constitution of India. Kalita, a member of the women’s collective Pinjra Tod, was arrested in May.

The court noted that the agitation, held against the CAA, had been going on for a long time with print and electronic media present throughout, in addition to the cameras of the police department, but there is no evidence which establishes that the alleged offence took place on Kalita’s action. The evidence produced constituted statements recorded much belatedly, under Section 164 of the CrPC, though the witnesses remained present at the spot throughout, the court observed.

“Chargesheet has already been filed against the petitioner on June 2. Moreover, I have gone through the inner case diary produced in a sealed cover along with pen drive and found that though her presence is seen in peaceful agitation, which is fundamental right guaranteed under Article 19 of the Constitution, (the police, prosecution) had failed to produce any material to show Kalita had instigated women of a particular community or gave hatred speech due to which the life of a young man was sacrificed,” Justice Kail said.