Thread by @Article14live

After 99 days in jail, JNU M.Phil scholar Devangana Kalita released on bail by the Delhi High Court. She is among 12 anti-#CAA activists of instigating riots that claimed 53 lives in northeast Delhi between 23 and 25 February 2020. article-14.com/post/starcross…

Delhi police had accused them of 33 offences under various sections of the Indian Penal Code, 1860, Prevention of Damage to Public Property Act, 1984 (an explanation of the Act is here), the Arms Act, 1959, and the anti-terror law, the Unlawful Activities Prevention Act, 1967.

"The Hon’ble Supreme Court has consistently held that bail is the rule and detention is the exception, and refusal of bail is a restriction on the personal liberty of an individual guaranteed under Article 21 of the Constitution," said Justice Suresh Kumar Kait of Delhi HC.

"Personal liberty is the most important fundamental right
guaranteed by the Constitution. Furthermore, it is the fundamental principle of criminal jurisprudence that every individual is presumed to be innocent till he or she is found guilty," Justice Kait said, releasing Kalita

"It is settled law that the purpose of incarceration during trial is not punitive, & incarceration is to be limited to cases where it is absolutely essential."

"In my considered opinion, no prejudice would be caused to the Respondent’s investigation by grant of relief to the petitioner, and she would be prevented from suffering further unnecessary harassment, humiliation, and unjustified detention. "

"I have gone through the inner case diary produced in a sealed cover along with pen drive and found that though
her presence is seen in peaceful agitation, which is fundamental right guaranteed under Article 19 of the Constitution of India."

The Delhi police, said Justice Kait, "failed to
produce any material that she in her speech instigated women of particular community or gave hatred speech (sic) due to which precious life of a young man
has been sacrificed and property damaged".