COVID-19: Court grants bail to 3 Shaheen Bagh protestors to de-congest prisons

A Delhi court has granted bail to three persons, arrested for allegedly not moving away from the Shaheen Bagh anti-CAA protest site and obstructing police officials, so as to de-congest jails in view of coronavirus.

Metropolitan Magistrate Jitendra Pratap Singh granted relief to Shan Mohammed, Syed Masood Ahmed, Syed Taseer Ahmed taking into account the directions of the Supreme Court and the Delhi High Court to de-congest already overpopulated prisons in the wake of coronavirus or COVID-19 pandemic.

The court however imposed certain restrictions on them, including that they cannot mobilise a crowd at the protest site.

The court further directed them not to post any opinion regarding the Citizenship Amendment Act (CAA), National Population Register, National Register Citizen on any social media, instant messengers or give any interview in this regard to print and electronic media.

It granted bail to the three persons on furnishing a bail bond of Rs 25,000 each and two sureties of like amount.

“It is well known that in the current scenario in the wake of COVID-19 epidemic, the Supreme Court of India and the Delhi High Court have both passed the directions regarding the de-congestion of already overpopulated prisons. The bail has been opposed by the state (police) primarily on the ground that the applicants might mobilise a crowd at the protest site which could prejudice the maintenance of law and order and affect adversely the efforts of the state to contain the spread of coronavirus.

“In view of this court, this reasonable apprehension can be addressed by imposing suitable restrictions on the applicants. Accordingly, this court allows the bail on furnishing a personal bond of Rs 25,000 with two sureties of like amount,” the court said.

It further directed the accused to mark attendance at Shaheen Bagh Police Station every Monday at 10 AM during investigation of the case and not to visit the site at Shaheen Bagh for the purpose of any protest.

They shall not participate in any meeting/gathering where more than five people in total including the applicant are assembled during the existence of the directions of the Centre and the state government due to COVID-19, the court said.

It directed them to comply with the directions of the Centre, state government and local self-governing bodies, made to contain the spread of the Coronavirus.

They should not tamper with evidence, regularly appear before the court on each and every date of hearing and not leave the country without permission of the court, it said.

During the hearing, the police opposed the bail applications saying they have disobeyed the directions of the Centre and the state government regarding the lockdown and prohibition of protests gathering which were made to prevent the spread of the coronavirus.

The police alleged that the accused did not pay any heed to the directions of the police officials to remove themselves from the protest site and obstructed the police from discharging their duties.

If released on bail, they may mobilise large crowd at the protest site and it might pose problems of law and order, the police claimed.

The counsel for the accused told the court that they were innocent and has nothing to do with the alleged offence and they are likely to be infected with the coronavirus if detained for long.