UN HUMAN RIGHT COUNCIL CRITICIZED THE ARBITRARY DETENTION OF ACTIVIST SAFOORA ZARGAR - VIOLATION OF INTERNATIONAL TREATY

15th March 2021

The UN Human Rights Council’s working group said given Zargar’s medical condition, there “was no necessity for an urgent arrest of the student activists, however serious the charges are”. WGAD criticized the arbitrary detention of student activist Safoora Zargar during the anti-CAA protest, Delhi.

Safoora, A student of Jamia Millia Islamia, was booked under the IPC and UAPA Act. She was arrested from her residence on 10th April 2020, with police alleging her involvement in delivering speeches at peaceful protests against the Anti-CAA. On April 13th, The Metropolitan Magistrate Court granted bail as she was pregnant and needed proper medical care but was immediately rearrested by police on other charges. On 25th November 2020, the Delhi HC granted her permission to stay at her maternal home but with certain conditions.

The UN Human Rights Council’s working group noted that Zargar has suffered “deprivation of liberty” in contravention with the rights recognized for every human by the Universal Declaration of Human Rights. Zargar was detained irregularly without a warrant and made her sign blank sheets at the police station. Further, rearrest immediately after getting bail clearly shows mala fide intention of the Delhi police and authority.

The group further observed the charges levelled against the student activist, “There is no evidence to suggest that Ms Zargar’s criticism of the Government called directly or indirectly for violence or could reasonably be considered to threaten national security, public order, public health or morals, or the rights or reputations of others.”

 “If the source has established a prima facie case for breach of international requirements constituting arbitrary detention, the burden of proof should be understood to rest upon the Government if it wishes to refute the allegations. In the present case, the Government has chosen not to challenge the prima facie credible allegations made by the source”.

Accordingly, the Working Group referred the case to the Special Rapporteur on promoting and protecting the right to freedom of opinion and expression.

Author: Papiha Ghoshal

PC: TelegraphIndia