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Judiciary

Supreme Court dismisses Delhi police plea challenging bail granted to three activists in Delhi riots case

By Harshvardhan Sharma      03 May, 2023 01:48 AM      0 Comments
SC dismisses Delhi police plea challenging bail granted to three activists in Delhi riots case

NEW DELHI: The Supreme Court on Tuesday dismissed an appeal filed by Delhi police against the grant of bail to activists Devangana Kalita, and Natasha Narwal, and Asif Iqbal Tanha in a case under the Unlawful Activities Prevention Act lodged following the 2020 Delhi riots which had claimed lives of 53 people and left over 700 injured. 

A bench led by Justice Sanjay Kishan Kaul said we find no reason to keep this matter alive, as the accused have been enlarged on bail for two years.

Appearing for the Delhi police, Solicitor General Tushar Mehta submitted that there are a large number of personal views in the high court judgments granting bail to three student activists.  

On this, the bench said the court had already observed in its previous order that the judgement will not be treated as a precedent and no further orders are required in the matter.   

The bench noted that in the bail order, the court has to only consider whether the person has to be enlarged on bail or not and emphasised that 2021 judgement by the Delhi High Court in this case can't be used as a precedent on legal position.     

The bench said if any co-accused is entitled to parity or not that it for him to prove and for the court to consider.

On a request by Mehta to clarify it further, the bench said the order took consideration of the apprehension of the State.   

Earlier, during the hearing, the court rejected a plea by the Centres counsel for an adjournment in the matter, saying that there is a limit to it.    

As the Centre's counsel asked the court to take up the matter tomorrow, Justice Kaul said that several adjournments have been sought so far and nothing survived in the matter.        

In July 2021, the court had pointed out its reluctance to consider cancellation of bail granted to the three activists. 

The Delhi police challenged validity of the high court's order of June 15, 2021 granting bail to activists Natasha Narwal, Devangana Kalita, and Asif Iqbal Tanha in a larger conspiracy in Delhi riots case.
 



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