Delhi riots 2020: HC dismisses police appeal against bail to Ishrat Jahan

New Delhi: The Delhi High Court on Friday refused to interfere with a trial court order granting bail to former Congress councillor Ishrat Jahan in a case concerning the "larger conspiracy" behind the February 2020 riots in the city's north-east area.

A bench of Justices Navin Chawla and Ravinder Dudeja dismissed an appeal by Delhi Police challenging the trial court's order dated March 14, 2022, saying relief was granted more than four years ago and there was no allegation that the accused violated the conditions of her bail.

"Considerable period of more than four years has passed since the impugned order and there is no allegation that the respondent has in any manner violated the terms of the bail. We are not inclined to interfere with the impugned order. The appeal is accordingly dismissed," the bench said in its order.

The bench clarified that it has not expressed any opinion on the merits of the case.

Additional Solicitor General S V Raju, appearing for Delhi Police, submitted that the case of another accused was pending in the Supreme Court and a decision in that matter might affect the instant appeal.

The bench, however, remarked that nothing remained in the appeal.

Jahan, along with Umar Khalid, Sharjeel Imam and several others, has been booked under the anti-terror law -- Unlawful Activities (Prevention) Act (UAPA) -- in the case for being the "masterminds" of the February 2020 riots, which had left 53 people dead and over 700 injured.

The violence erupted during the protests against the Citizenship (Amendment) Act (CAA), 2019, and the National Register of Citizens (NRC).

In the appeal, police had said that the trial court order granting bail to Ishrat Jahan was perverse and against the law as it failed to consider the gravity of the offence and the evidence suggesting that the violence in North-East Delhi erupted pursuant to a conspiracy hatched by her and the other co-accused.

"The trial court lost sight of the fact that the respondent being 'closely connected' with the other conspirators, played a very active role in the entire conspiracy of organising the so-called protest at the protest site which resulted in riots, killing numerous people besides injuries and destruction of property," it claimed.

The appeal further claimed that the "disruptive chakka-jam (road blockade)" done by the accused persons was a terrorist act and freedom of speech and expression did not encompass the right to incite violence or hold violent protests.

On March 14, 2022, the trial court said that the role of Jahan in the case, on a prima facie consideration, persuaded the court to grant her the relief of bail in spite of the embargoes contained in the law.

It had stated that as per the chargesheet or the statement of witnesses, Jahan was neither the one who "created the idea of chakka-jam" nor was she a member of any of the incriminating WhatsApp groups or organisations.

It had said that the accused was involved in the protest site at Khureji which was not located in the area where the riots took place and she was neither physically present in North-East Delhi for riots nor has her name cropped up in the flurry of calls or any CCTV footage or in any conspiratorial meetings.

On September 2, 2025, a bench of Justices Navin Chawla and Shalinder Kaur denied bail to Imam, Khalid, Meeran Haider and other co-accused in the case.