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A day after Pinjra Tod members Devangana Kalita and Natasha Narwal were arrested over their alleged role in the anti-CAA Jafrabad sit-in protest earlier in February, a Delhi court on Sunday, 24 May, granted them bail.
However, within minutes of the bail being granted, the Special Investigation Team of the Crime Branch moved an application seeking the arrest of the two women again – on charges of attempt to murder, rioting and criminal conspiracy.
The two women were arrested for their alleged role in the Jafrabad sit-in protest on Saturday, 23 May.
According to the court order, accessed by The Quint, here’s what unfolded:
The court said that the case filed under Section 353 (assault or criminal force to deter public servant from discharge of his duty) of the Indian Penal Code (IPC) was “non-maintainable” as the two activists “were merely protesting against NRC and CAA.”
Duty Magistrate Ajit Narayan observed that both Kalita and Narwal have strong roots in society and are well-educated.
The judge also noted that arresting the accused makes them more vulnerable to the coronavirus pandemic.
“Also considering the situation that the accused are vulnerable to the current pandemic of COVID-19, this court is not inclined to give police custody remand of the accused and application of police remand is declined.”
The investigating officer from Delhi Police Crime Branch, who was reportedly waiting on the sidelines, moved an application seeking 14-day custody of the two activists in connection with another FIR against them.
Advocates Adit Pujari and Tusharika Mattoo appearing for the two women opposed the justification for the arrest and the nature of the FIR, stating that they have been implicated in the case in a mala fide manner.
However, the Delhi court sent the two activists to two days of police custody till 26 May. The next hearing is also scheduled on the same date.
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