A Delhi Court has dismissed the bail plea moved by Pinjra Tod activist, Devangana Kalita in connection with a Delhi riots case against her under Unlawful Activities Prevention Act (UAPA) (Devangana Kalita vs State).
Additional Sessions Judge Amitabh Rawat, Karkardooma Court stated that there are reasonable grounds to believe that the accusation against Kalita is prima face true.
“On the perusal of the chargesheet and accompanying documents, for the limited purpose of the bail, I am of the opinion that allegations against the accused Devangana Kalita are prima facie true… since there are reasonable grounds for believing that the accusation against the accused Devangana Kalita are prima facie true, hence, embargo created by Section 43D of UAPA applies for grant of bail to the accused,” the Court said.
In a similar order, the Court had also dismissed the bail of co-accused Natasha Narwal in the case.
Upholding the invocation of UAPA in the present case, the Court said that intentionally blocking roads which resulted in disruption of essential services, attack on police personnel and ultimately culiminated into riots fell within the scope of “terrorist act” under UAPA.
The entire conspiracy beginning from December 2019 of intentionally blocking roads to cause inconvenience and causing disrupting (sic) of supplies of services essential to the life of community of India resulting in violence with various means and then leading to the February incident with the focus being targeted blocking of roads at mixed population areas and creating panic and attack on police personnel with facade of women protesters in front and leading to riots would be covered by the definition of terrorist act,” the Court said.
The Court observed that the present case was one of “deep-rooted conspiracy” which led to the riots of February 2020 and since, the accusation against Kalita were prima facie true, the embargo created by Section 43D of UAPA applied for grant of bail.
To arrive at this conclusion, the Court considered the statement of protected witnesses under Section 164 CrPC and the contents of the WhatsApp group under scrutiny.
Narwal was presented by Advocate Adit Pujari. SPP Amit Prasad appeared for Delhi Police.