The Supreme Court on Friday, 18 June, issued notice in the Delhi Police’s plea against the Delhi HC order granting bail to Jamia student Asif Iqbal Tanha, and Pinjra Tod activists Natasha Narwal and Devangana Kalita, accused under Unlawful Activities (Prevention) Act (UAPA) in the Delhi riots case.
The three had been granted bail in connection with the Delhi riots case and walked out of jail on Thursday, two days after their bail order was passed.
Appearing for the Delhi Police on Friday, Solicitor General Tushar Mehta had asked for a stay on the bail order.
Dictating the order, the two-judge vacation bench on Friday said that a counter affidavit has to be filed within four weeks by all parties. The matter will now be listed in the week commencing 19 July, the bench said.
The release of the accused will not be interfered with at this stage and will be subject to the final order, the Supreme Court said on Friday. However, the bench stressed that the said judgment will not be treated as a precedent or cited by any of the parties before any court.
The Bench said that it was “troubling” that the Delhi High Court has narrowed down the scope of UAPA in a bail application when there was no challenge to the statue.
Bail for UAPA Accused
The Delhi HC on Tuesday, 15 June, had granted bail to the three held under the UAPA after the Delhi riots in 2020, stating that protests cannot be made grounds for terrorism.
The Delhi Police, meanwhile, has claimed that the high court order is “ex-facie perverse” and “unsustainable in law and deserves to be stayed”, in its appeal.
The Delhi Police had attributed the delay in releasing them to verifying the sureties and addresses.
The police has appealed in the Supreme Court against the Delhi HC's order.