ISHRAT JAHAN Vs. STATE

JUDGEMENT

(1.) The present petition has been filed under section 482 read with section 43(D) of Unlawful Activities (Prevention) Act, 1967 to set aside the order dated 15.06.2020 passed by learned ASJ, Patiala House Court, New Delhi in pursuance to FIR No.59/2020 registered at Police Station Crime Branch investigated by Special Cell, Delhi Police, whereby granted 60 days time till 14.08.2020 to investigate the instant case.

(2.) The brief facts of the case are that the petitioner is an advocate since 2006 and has also served as a Congress Municipal Councillor (2012-2017) from Ward No.231, Ghondli, Delhi.

(3.) It is stated in the present petition that in February 2020, a peaceful protest against Citizenship Amendment Act had been going on at Khureji Khas and no complaint of any criminal activity had been moved against any of the protestors. The petitioner being a Former Municipal Councillor was falsely implicated and arrested in case FIR No.44/2020 registered at Police Station Jagat Puri on 26.02.2020 and was sent to judicial custody, however, granted bail by the court of Ms.Manjusha Wadhwa, learned ASJ-03, Shahdara District, Karkardooma Court vide order dated 21.03.2020 wherein the learned sessions Court held that "Role assigned to applicant Ishrat Jahan is that she incited the crowd to remain present at the spot as well as raised slogan of freedom, however, no overt act has been imputed to her whereby she incited the crowd to take law in their hands and use force against the police. She is a woman and is in JC since 26.02.2020. There are no allegation of use of katta by her or providing the same to any other member of the crowd and thus invocation of Section 307 IPC against her is debatable. In the considered opinion of this Court, the applicant Ishrat Jahan @ Pinki being a woman is entitled to benefit of proviso to Section 437(1) Cr.P.C. and it is in the fitness of things to extend her benefit of bail."