SC junks Delhi Police plea against bail to activists in 2020 Delhi riots

The Supreme Court on Tuesday set aside the pleas filed by Delhi Police against the bail granted to three student activists in the 2020 Delhi communal riots.

Justices S K Kaul and A Amanullah passed the order while hearing the police pleas challenging the Delhi High Court’s June 15, 2021 verdict granting bail to Natasha Narwal, Devangana Kalita and Asif Iqbal Tanha.

The case related to communal violence during the protests against the Citizenship (Amendment) Act (CAA). “The special leave petition is dismissed,” the Bench said.

During the hearing in July 2021, the apex court had indicated its reluctance to consider the aspect of cancellation of bail granted to the three who were booked under the stringent Unlawful Activities (Prevention) Act (UAPA).

It had termed as troubling that the bail petitions were being argued at length debating the provisions of the law.

High Court battle

The apex court had also expressed displeasure over the high court discussing the entire anti-terror law UAPA in a bail matter.

Earlier, the police argued that 53 people were killed and more than 700 injured during the riots which occurred when then US president Donald Trump was visiting the Indian capital.

The police had assailed the high court verdict, saying its interpretation will weaken the prosecution in terror cases.

The high court had granted them bail, saying in an anxiety to suppress dissent, the State blurred the line between the right to protest and terrorist activity. If such a mindset gained traction, it will be a “sad day for democracy”.

Kalita, Narwal and Tanha are accused in four, three and two cases respectively, related to the riots that erupted on February 24, 2020.

(With agency inputs)