Safoora Zargar, 21 weeks pregnant women denied bail by Patiala House Court.

In the country where cows are worshipped as mothers. In a country where a probe was done for the death of an elephant who was about to deliver a baby. In a country where motherhood is a pious obligation and custom which is being followed since time immemorial. In a country where the women are often compared to the Hindu goddesses. In the same country 21 weeks pregnant woman who is a research scholar, who is an activist, who is having a dissenting opinion towards the government has been denied bail by the Patiala House Court.

Safoora Zargar, an activist, linger days in bars at the capital has upraised questions about the accountability and answerability, but for whom is still stonewashed. Does the state even recognize the pain and problem a mother has to go through while delivering a child from her womb? On 4 June 2020, Delhi High Court denied granting bail to Safoora despite the fact that she is suffering from the Polycystic Ovarian Disorder due to which she has a higher risk of developing complications during pregnancy. Moreover, the the outbreak of COVID-19 has also created complications for pregnant women, the Health Ministry through the medium of mass media is, repeatedly, giving direction to the pregnant women to stay inside, as they are more prone to catch Coronavirus, and it is pertinent to note that inmates in all three of Delhi's jails have tested positive for the virus.

Safoora is a research scholar in one of the Central Universities of this country that is Jamia Millia Islamia. She is an activist who was showing her dissent towards the draconian law Citizenship Amendment Act passed by the government and is in effect since 10th January 2020. She has been arrested on the grounds that she delivered an inflammatory speech at Chand Bagh which resulted in inciting of violence as well as a disturbance in the law and order of the state. It has been repeatedly claimed by her lawyers that she was well within her rights while the protest and has not delivered any inflammatory speech, the investigating agencies are creating a false narrative while implicating an innocent student.

The false narrative as pursued by the investigating agency can be easily comprehended by understanding the chronology of these events:

Special Cell arrested Safoora on 10th April 2020 in lieu of the FIR 48/2020 filed for Jaffarabad roadblock case.
She was then granted bail on 13th April 2020.

Then her name was added to the FIR 59/2020 on 13th April 2020 and she was arrested again on that day.
It is pertinent to note that Evidence produced in the court during the bail hearing was pertaining to FIR 101/2020 which was registered in Khajuri Khas Police Station.


The above chronology of the events clearly explains the tainted mindset of Delhi Police in lodging Safoora's name in FIR 59/2020 when she was granted bail in FIR 48/2020. And what showing the evidence pertaining to FIR 101/2020 in court when she is booked under FIR 59/2020 even makes it more tainted and questions the credibility of Delhi Police's Special Cell.

Counsel on the behalf of theSafoora also argued that the prosecution's statement that the Safoora had delivered an inflammatory speech at Chang Bagh on 23rd of February 2020 is the false implication as on that day Safoora gave a speech in Khajuri Khas which was not inflammatory in any manner and she was at Chand Bagh for a few minutes, moreover at the time when violence was sparked at Chand Bagh, Safoora was not even present there.

"..if there is a prima facie evidence of conspiracy, the evidence of acts and statements made by one of the conspirators in furtherance of the common object is admissible against all..even if no direct evidence of violence is attributable to the applicant/accused, she cannot shy away from her liability under the provisions of the Act. 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."

The above is the highlight from the bail order passed by the Dharmender Rana, Additional Sessions Court judge of Patiala House Court. Sections of Unlawful Activities (Prevention) Act of 1957 (UAPA) has been invoked against Safoora. However, it is to be noted that has been invoked by the prosecution have been corroborated by the mere statements recorded under 161 and 164 of CrPC and some WhatsApp chats. Moreover, the court has held that there was prima facie evidence to show that there was a conspiracy to at least blockade the roads and because of this invoking the draconian law of UAPA is justified.

In the wake of COVID-19, there have been special guidelines by Indian Council of Medical Research (ICMR) for the safety of pregnant women and infants because the pregnancy itself alters the immune system of the body. The basic underlying principles of these guidelines say that pregnant women, as well as the health care staff, have to be more careful than the general times due to the apprehension of getting infected from COVID-19. However, even after the 70 years of implementation of the Constitution of India, the DPSP have not been implemented or followed completely until today because they are mere guidelines, then how can we expect that state will try enforcing the ICMR guidelines in the proper manner.

India the country, where cows are treated at par with mother, then why a perceptible mother is travailing brutish and inhumane behaviour? A CBI probe demanded for an innocent elephant killed heartlessly and mercilessly. However, when a perceptible mother has dissented from the Government, things change in its entirety. Our perception passage gradually from venerable to taking the corner of malevolent occultist and solitary dungeon be the apt place for her. Denial of bail appears a general rule, disregarding its exceptionality.