When you choose to play with embers, you cannot blame the wind to have carried the spark a bit too far and spread the fire, a Delhi court said on Thursday while dismissing bail plea of Jamia Coordination Committee member Safoora Zargar, booked under the UAPA in a case related to communal violence in northeast Delhi during protests against the Citizenship (Amendment) Act in February.
Additional Sessions Judge Dharmender Rana said that during the course of investigation a larger conspiracy was discernible and if there was prima evidence of conspiracy, acts and statements made by any one of the conspirators, it is admissible against all.
The court said that even if there was no direct act of violence attributable to the accused (Zargar), she cannot shy away from her liability under the provisions of the Unlawful Activities (Prevention) Act.
“The acts and inflammatory speeches of the co-conspirators are admissible under the Indian Evidence Act even against the accused,” it said.
It further said that there was prima facie evidence to show there was a conspiracy to at least blockade the roads (chakka jaam).
Keeping in mind her “precarious medical condition” the court asked the Tihar Jail Superintendent to provide adequate medical aid and assistance to her.
Zargar, M Phil student of Jamia Millia Islamia University, is more than four months pregnant.
During the hearing held through video conferencing, police told the court that she had allegedly given “inflammatory speeches” to instigate a mob that led to the riots in February.
Zargar’s counsel claimed that she has been falsely implicated in the case and had no role in the alleged criminal conspiracy in the case.
The counsel claimed that the investigating agency is in fact creating a "false narrative" to implicate innocent students who do not approve of the government’s policy or legislation.
The police had earlier claimed that Zargar allegedly blocked a road near Jaffrabad metro station during the anti-CAA protests and instigated people that led to the riots in the area.
It further claimed that she was allegedly part of the “premediated conspiracy” to incite communal riots in northeast Delhi in February.
Communal clashes had broken out in northeast Delhi on February 24 after violence between citizenship law supporters and protesters spiralled out of control leaving at least 53 people dead and scores injured.