Delhi Police approaches SC against the bail of three student-activists in UAPA Anti terror case

16th June,2021

Delhi Police approaches SC against the bail of three student-activists in UAPA Anti terror case

The Delhi Police on Wednesday approached the Supreme Court against Tuesday’s high court order granting bail to three student activists Devangana Kalita, Natasha Narwal, and Asif Iqbal Tanha who were booked under the UAPA.

Ending this year-long detention of the three student activists booked by Delhi Police under the UAPA anti-terror law, the Delhi High Court on Tuesday said that “it seems, that in its anxiety to suppress dissent, in the mind of the State, the line between the constitutionally guaranteed right to protest and terrorist activity seems to be getting somewhat unseen. If this mindset gains the trajectory, it would be a sad day for democracy”.

Natasha Narwal, Devangana Kalita and Asif Iqbal Tanha were arrested in May 2020 for their alleged role in the Northeast Delhi riots conspiracy case and were later booked under the UAPA Anti terror law. While JNU students Narwal and Kalita are in Tihar Jail, Tanha, a Jamia Millia Islamia student, is out on a two-week interim custody bail to attend his examinations.

Questioning and cautioning against the tendency of “foisting extremely grave and serious penal provisions” of the stringent Unlawful Activities (Prevention) Act “frivolously upon people”, the bench of Justices Siddharth Mridul and Anup Jairam Bhambhani said that “wanton use of serious penal provisions would only trivialise them to further do such acts”.

The bench said that the allegations against the accused do not prima facie disclose the commission of any such offence under UAPA section 15 (terrorist act), section 17 (punishment for raising funds for terrorist act) and section 18 (punishment for conspiracy) of the UAPA. And hence, the additional conditions, limitations and restrictions on grant of bail under section 43 D (5) of UAPA is not applied on this case.

All three accused of UAPA have been directed to furnish a personal bond of Rs 50,000 each with two sureties of like amount. They have been directed not to leave the nation, share their mobile number with the local SHO, and not contact prosecution witnesses or tamper with any of the evidence.