The Supreme Court dismissed the appeal filed by the Delhi police against the order of the Delhi High Court granting bail to the three-student activists Natasha Narwal, Asif Iqbal Tanha and Devangana Kalita in the 2020, Delhi riots conspiracy case.
The application was pending before the Apex Court for more than two years and the division bench while setting aside the order of the High Court on 15th June 2021 shall not be used by the accused in any trial or other proceedings.
A bench of Justice Ahsanuddin Amanullah and Justice S.K. Kaul observed while dismissing the appeal by Delhi Police that the accused were released on bail for the past two years, therefore the bench does not find any cause to keep the matter alive.
Also, the Court stated that there was no felonious activity noticed on the part of the respondents within two years of their bail therefore the bench could not find any reasonable grounds to cancel the bail of the trio in the Delhi riots.
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The three activists were released on bail on 17th June 2021 after going into thirteen months of imprisonment from Tihar Jail.
In June 2021, the Supreme Court stated that the judgement of the High Court will not be applicable as a precedent until the matter is not fully decided by this Court.
The Delhi Police had mentioned in their appeal the comments of the Delhi High Court on the Unlawful Activities Prevention Act, 1967 stating it Unconstitutional. Solicitor General Tushar Mehta urged the Supreme Court to clarify and interpret the comments by the Delhi High Court regarding UAPA in the bail order.
Further, the Solicitor General also asked the bench to clarify why the Delhi High Court judgement should not be used as a precedent.
Justice Kaul replying to the contentions raised by SG Tushar Mehta stated that the Delhi High Court order is very clear and further clarifications are not necessary. However, Justice said in the end that he will check the order before it is uploaded on the website.
The Bench also rejected the adjournment application made by Delhi Police which was rejected by the bench later. The bench while rejecting the adjournment request stated that plenty of adjournments have already been granted to the party.
“Not every time. Today is a good day you argue,” the Court said.
In a previous order passed by the Supreme Court, the bench was not happy over the absence of the Solicitor General while seeking adjournment from the Court.
Court’s Observation on Delhi riots arrests
The Delhi High Court observed in its judgement dated 15th June 2021, that the three accused were not found guilty prima facie as per the provisions of Unlawful Activities Prevention Act in the Delhi riots case.
As per the charge sheet, the accused were leading the protest and no activities or allegations were made against the activist which amounts to terrorist activities (Delhi riots).
The Delhi High Court said that the right to protest is not an unlawful activity and it cannot be termed as an act of terror as per UAPA. Also, the Court stated that the ‘right to protest’ peacefully is protected under Article 19(1)(b) of the Constitution. The state in its unease to suppress the protest forgot the line distinguishing between the right to protest and terrorist activities.
