2020 riots: SC dismisses Delhi Police appeal against bail to activists

• Delhi police requested for adjournment for 9^th time, but top court rejected
•  Iqbal Tanha, Devangana Kalita and Natasha Narwal arrested in May 2020, granted bail June 15  last year.
• The accused have been enlarged on bail for 2 years. We find no reason to keep this matter alive’

In a relief to anti-CAA activists, the Supreme Court on Tuesday dismissed an appeal by the Delhi Police challenging an order of the Delhi High Court granting bail to Asif Iqbal Tanha, Devangana Kalita and Natasha Narwal in the northeast Delhi riots case under the Unlawful Activities Prevention Act (UAPA).

A bench of Justices Sanjay Kishan Kaul and Ahsanuddin Amanullah also reiterated that the Delhi High Court’s order shall not be treated as precedent primarily because of elaborate discussion on merits, according to the Bar and Bench. “Purpose of interim order was to ensure that interpretation and views on a law should not be enunciated in bail hearing. We make it clear that we have not gone into legal position of law’s statutory interpretation one way or the other,” the bench added.

The top court also rejected the Delhi Police request for adjournment. “No, no (adjournment). Not every time. Today is a good day you argue. It is our indulgence earlier that has created this. Earlier Supreme Court did not grant such requests. Do not interrupt proceedings now,” the bench said. It also recorded the same in its order while rejecting the plea. The court said: “We note that once again for the nth time a request for adjournment was made. Nothing survives in the matter really and so we are not willing to accommodate.”

Justice Kaul criticised the tendency among state and defence lawyers to argue bail pleas like they were fighting for conviction or a full-fledged appeal, according to The Hindu. “A bail hearing should be limited. But both sides argue elaborately on merits and the law. In such a scenario, the court has no option but to address the arguments in its judgment. The fault is with the lawyers on both sides,” Justice Kaul observed.

The Delhi High Court had allowed the activists bail in June 2021 after a year’s incarceration in Tihar Jail. The northeast Delhi riots had broken broke out after some a section of Hindus, led by the BJP leader Kapil Mishra, objected to the road blockage by the activists who were protesting against the Narendra Modi government’s controversial citizenship regime.

-INDIA NEWS STREAM