Jamia violence: Court grants 45-day interim bail to local politician

A Delhi court has granted interim bail of 45 days to a local politician, Ashu Khan, arrested for allegedly rioting and instigating a mob during protests against the Citizenship Amendment Act on December 15 last year which resulted in damage to public property and injuries to police near Jamia Millia Islamia University.

Additional Sessions Judge Sandeep Garg granted the interim relief to Khan in two cases related to violent protests at Jamia Nagar and New Friends Colony area, on furnishing a bail bond of Rs 2 lakh.

The court took note of the decision of the High Powered Committee that undertrial prisoners involved in offences punishable up to 10 years imprisonment be granted interim bail to decongest overcrowded prisons due to the coronavirus pandemic.

"The court is of the considered view that it is cardinal principle of criminal jurisprudence that an accused is presumed to be innocent till his guilt is established beyond reasonable doubt. Admittedly no custodial interrogation of the accused Ashu Khan is required," the court said.

It directed him not to tamper with evidence or leave the country without its permission.

During the hearing held through video conferencing, police said Khan not only participated in riots, but was also involved in mobilising and instigating the mob which resulted into damage to public property and injuries to the public as well as the police.

Police claimed that Khan had admitted in an interview given to a television channel that he led the protestors and raised slogans against the legislation.

Khan gave a speech and on his instigation protestors turned aggressive, pelted stones on the police and set vehicles and police booths on fire, police alleged.

Advocates Asghar Khan and Tahir Khan, appearing for the accused, argued that he has been falsely implicated in the case and he be granted interim bail because of the possible threat of coronavirus in the congested prisons.

"There is also possible threat of transmission and fatal consequences of coronavirus and it is very necessary that prisons must ensure maximum possible distancing amongst the prisoners including undertrials. Social distancing is practically not possible as the prisons are overcrowded and hence accused (Ashu Khan) be released on bail," the counsel said.

The lawyers further said that Ashu was exercising his fundamental right guaranteed by the Constitution and criticising the newly passed Citizenship Amendment Act and proposed NRC as it is against the spirit of Constitution.

The Jamia Millia Islamia has also filed a case against the alleged attack on the university students by the police inside the campus, which is pending in the court.

On December 15 last year, a protest against the Citizenship (Amendment) Act near Jamia turned violent, with demonstrators pelting stones at police and setting public buses and private vehicles on fire.

Police later entered Jamia, allegedly fired tear gas shells and baton-charged students.