The Supreme Court on Friday refused to stay the Delhi High Court order granting bail to three student activists~Asif Iqbal Tanha, Devangana Kalita, and Natasha Narwal in the February 2020 Delhi riots conspiracy case, which claimed the lives of 53 people and left hundreds injured.
The release of respondents (accused) will not be interfered with at this stage. It will be subject to the final order, the court said.
The top court issued a notice in the Delhi Police’s appeal against the Delhi High Court order in the Delhi Riots case registered against the three student activists under the Unlawful Activities (Prevention) Act.
The bench comprising Justices Hemant Gupta and V. Ramasubramanian said: “We will not stay the High Court judgment. But it cannot be cited as precedent by any accused in Delhi riot case to seek bail.”
The Supreme Court said that the decision on the bail for the three accused, released on Thursday night after spending more than a year in jail over alleged links to the violence in northeast Delhi last year, has “pan India ramifications.”
“The issue is important. It has pan India ramifications and so we would like to issue notice and decide the matter for the good of the country,” the Supreme Court said.
The bench emphasized that the High Court judgment may have wide ramifications and hence, the top court will have to examine it and favoured staying the effect of the judgment so that it can’t be used as a precedent in any other case for the time being. “The issue is important and could have pan India impact, we like to issue notice”, said the bench.
Solicitor General Tushar Mehta, appearing for the police, contended that the High Court made wide-ranging observations and the judgment should be stayed by the top court. “They (the three activists arrested under UAPA) are out. Let them remain out”, submitted Mehta.
Mehta stressed that the entire UAPA and Constitution have been turned on their heads by the High Court in the judgment.
Senior advocate Kapil Sibal, appearing for the student activists, submitted that he doesn’t oppose scrutiny by the top court of the High Court order, but resisted a stay on the operation of the judgment. Mehta said the High Court order will be cited before the trial court; therefore, it requires a stay.
The top court said the way the Delhi High Court has interpreted UAPA, when it was not even requested to do so, requires it to examine the issues raised by the Delhi Police.
After hearing arguments, the top court issued notices on the appeals filed by the Delhi Police challenging the High Court decision to grant bail to three student-activists Natasha Narwal, Devangana Kalita, and Asif Iqbal Tanha.
All three were given bail Tuesday on personal bonds of Rs 50,000 each and two sureties of a similar amount. The other conditions for their release included the surrender of their passports. A Delhi court on Thursday ordered the release of three activists.
The top court will hear the matter in the week commencing from July 19.