Supreme Court on Wednesday has declined the plea filed by Delhi police challenging Delhi High Court’s September 1 order of granting the bail to Pinjra Tod activist Devagana Kalita. She was booked in connection to the Delhi riots.
The matter was heard by Justice Ashok Bhushan, Justice M R Shah, and Justice R Subhash Reddy. The bench observed that the court is not inclined to interfere with the bail order.
Additional Solicitor General of India, S V Raju, representing Delhi police submitted that the High Court omitted to consider relevant aspects and placed reliance on irrelevant factors to grant bail. ASG Raju further argued that Kalita is an influential personality who can influence the people and can also tamper with evidence.
Expressing reluctance to interfere, Justice Ashok Bhushan replied to ASG’s submissions, “It is only a grant of bail. She is not going to run away. Can that be the reason to deny bail?”
Justice Bhushan further added that even if she will try to do that, the police has the option to seek bail cancellation. He further added, “We are not inclined to interfere. It is only grant of bail. Dismissed.”
Delhi High Court on September 1 had granted bail to activist Devangana Kalita noting that the Delhi police failed to produce any material to prove that the activist instigates women of a particular community through hate speech.
“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 of India, however, failed to produce any material that she in her speech instigated women of particular community or give hatred speech due to which precious life of a young man has been sacrificed and property damaged, ” observed Justice Suresh Kumar Kait of Delhi High Court in September 1 order.