oppn parties Safoora Zargar Case: Granting Bail Is Not Charity But A Right Of The Unconvicted

News Snippets

  • Allahabad HC said that the UP Police is acting as law unto themselves as they detained a person unlawfully even before his arrest
  • Kolkata witnesses traffic snarls on the first day of the Durga Puja festival as revellers start pnadal-hopping
  • Neha Bora was subsequently released and Dipke is to appear before a magistrate today at noon
  • Delhi Police detained Cockroach Janta Party founder Abhijeet Dipke, Neha Bora of AISA, student leaders and supporters ahead of a rally in Connaught Place demanding Chief Election Commissioner Gyanesh Kumar's resignation. The protest followed the detention and jailing of two CJP leaders earlier in the week over demonstrations at Jantar Mantar
  • The Reserve Bank of India is considering further monetary tightening to counter capital outflows and increase the cost of betting against the rupee, according to bankers and analysts cited by Reuters. The measures follow recent rate increases and steps to drain liquidity as pressure on the currency and inflation concerns persist
  • India directed oil marketing companies to stop diverting sugar-based feedstocks for ethanol production in the 2026–27 supply year, according to a new tender issued on Friday. The companies have invited bids for 11 billion litres of ethanol made from alternatives including corn and broken rice, amid concerns about domestic sugar supplies and prices
  • Finance Minister Nirmala Sitharaman said India's trade imbalance with China was growing sharply and attributed the problem partly to restrictions on Indian goods and services entering the Chinese market. China subsequently said it was ready to work with India to address mutual economic and trade concerns; India's trade deficit with China reached $69 billion in the first half of FY2026–27, up 27% year-on-year
  • Indian equity benchmarks extended their recovery on Friday, with the Sensex rising 413.66 points to close at 74,729.27 and the Nifty 50 gaining 148.80 points to settle at 23,146.15. Information technology shares, including Tech Mahindra, Infosys and TCS, helped lift the indices
  • India defeated Zimbabwe by four wickets in the opening women's T20 International in Raipur, taking a 1–0 lead in the three-match series. Deepti Sharma and Niki Prasad combined in an 82-run stand after India's top order collapsed, helping the hosts chase down Zimbabwe's total of 114 for five
  • Indian wrestler Komal won bronze in the women's 59 kg category at the Under-23 World Wrestling Championships in Las Vegas, defeating Kazakhstan's Viktoriia Khusainova 7–2. Fellow Indian Amruta Pujari advanced to the women's 72 kg final after recording two pinfall victories
  • Indian shuttler Jagsher Singh Khangurra secured a bronze medal at the BWF World Junior Badminton Championships in Cairo
  • The Supreme Court of India upheld the Bombay High Court's decision quashing the 2020 write-off of ₹8,415 crore in additional tier-1 bonds issued by Yes Bank (Yes Bank). The court ruled that the bank's administrator lacked the authority to extinguish the bonds under the final reconstruction scheme, strengthening bondholders' claims
  • The Supreme Court issued notices to the Election Commission of India, Delhi Police and opposition leaders, including Rahul Gandhi and Akhilesh Yadav, in separate petitions concerning electoral-roll revision and protests held in Delhi on October 10–12. The court also directed the preservation of CCTV footage linked to allegations of police excesses
  • The Supreme Court ruled that a person converting from Hinduism to Islam cannot automatically claim backward-class reservation benefits in the new religious community solely on the basis of their previous caste status. The judgment upheld the Madras High Court's decision striking down a 2024 Tamil Nadu government order that permitted such certification for specified communities
  • The Election Commission of India ordered a Special Summary Revision of electoral rolls in 14 states and three Union Territories, using January 1, 2027, as the qualifying date for voter eligibility. The draft rolls are scheduled for publication on November 12, claims and objections will be accepted until December 11, and the final rolls are due on January 4, 2027
Delhi HC refuses to ban CJP's Tiranga rally at Central Park in Connaught Place today /////// Police says will control and regulate it /////// NDMC closes the park for the public on Friday and Saturday
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Safoora Zargar Case: Granting Bail Is Not Charity But A Right Of The Unconvicted

By Sunil Garodia
First publised on 2020-06-25 16:07:05

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Author of Cyber Scams in India, Digital Arrest, The Money Trap and The Human Hack

Safoora Zargar, a student of Jamia Millia Islamia University was arrested for her alleged role in the Delhi riots. She was charged under the draconian UAPA. She was twice denied bail by the Sessions Court. The Sessions Court took the erroneous plea that bail was denied because of section 43-D(5) of the UAPA. But the section does not put a bar on bail. It just says that bail cannot be granted for any accused under UAPA until the Public Prosecutor has been heard regarding his or her objections to the bail application and that too for activities under Chapter IV and VI of the act which specify "terrorist acts" and "membership of terrorist organizations". After hearing the objections of the prosecution, it is upon the judge to apply his mind and decide on bail. But Safoora was charged for unlawful activity which does not fall under any of the two chapters. Hence, section 43-D(5) did not apply in her case. The Supreme Court finally granted bail to her on "humanitarian grounds" as she is pregnant.

Bail, not jail has been the golden rule on which the Indian judiciary decides bail applications. This rule was first made famous by the eminent jurist Justice Krishna Iyer in the case State of Rajasthan vs Balchand where he wrote that "the basic rule may perhaps be tersely put as bail, not jail". It is a clearly set precedent from various Supreme Court cases that barring exceptional cases, bail must be granted to the accused in most cases. Yet, Safoora had to invoke her pregnancy and apply for bail on humanitarian grounds. The scope of the fundamental right to liberty granted under Article 21 of the Indian Constitution includes bail as it is the right of any person to have freedom unless he or she is proven guilty of a crime by a court or unless the law under which he or she is arrested specifically bars the grant of bail. This was ignored in Safoora's case and she was incarcerated for two months as a suspect as if she was not a student but a hardened terrorist, freeing whom on bail would be dangerous.