Activist Umar Khalid seeks bail in the UAPA case related to the 2020 Delhi riots, claiming lack of evidence and denying conspiracy charges. Other activists also argue for bail, citing delays and insufficient evidence.
Delhi Police strongly opposes bail pleas of activists Umar Khalid, Sharjeel Imam, and others in the February 2020 riots case, claiming it was a pre-planned attack on the nation's sovereignty and an attempt to divide society on communal lines.
Activist Sharjeel Imam has moved the Supreme Court challenging a Delhi High Court order denying him bail in a case linked to the 2020 Delhi riots. The High Court had denied bail to several individuals, emphasizing that conspiratorial violence under the guise of protests cannot be allowed.
Additional Sessions Judge Revinder Bedi disposed of the application and asked the police to submit the verification report on the particulars of the accused and sureties by 1 pm on June 16.
Emphasising that the plea has been heard substantially, Aggarwal said the application "calls for strictest handling" as it has been filed with an "ulterior motive".
"Due to personal reasons, the undersigned hereby recuses from hearing the matter. Accordingly, let the present matter be put up before the principal district and sessions judge, southeast district, Saket court, for February 13 at 12 pm with a request to transfer the matter," the judge said in an order passed on Friday.
Former Jawaharlal Nehru University student and activist Umar Khalid has completed four years in jail after being arrested in connection with the 2020 northeast Delhi communal riots.
The 11 people were discharged on February 4 by the trial court, which said they were made 'scapegoats' by police and that dissent has to be encouraged, not stifled.
The high court said "foisting extremely grave and serious penal provisions", engrafted under the UAPA, "frivolously" upon people would undermine the intent and purpose of the Parliament in enacting a law that is meant to address threats to the very existence of our nation.
Student activists Natasha Narwal, Devangana Kalita and Asif Iqbal Tanha walked out of Tihar prison on Thursday, hours after a court here ordered their immediate release in the north-east Delhi riots 'conspiracy' case.
More than 500 scientists, academicians and students have written to the Bengaluru-based IISc expressing dismay over the cancellation of a discussion on anti-terror law UAPA that was to be led by student activists Natasha Narwal and Devangana Kalita.
A court in Delhi on Saturday discharged 11 people, including student activists Imam and Asif Iqbal Tanha, who participated in anti-CAA protests, in the 2019 Jamia Nagar violence case.
The high court judgments will "not to be treated as precedent by any court" to give similar reliefs, the apex court said while hearing Delhi police's appeal against the bail granted to 3 Delhi students.
Student activists Devangana Kalita, Natasha Narwal and Asif Iqbal Tanha will remain in jail despite being granted bail by the high court here in the North East Delhi riots 'conspiracy' case as a lower court on Wednesday deferred its order on a plea for immediate release.
The Delhi high court was informed on Thursday that a trial court has ordered 'immediate release' from jail of Jamia student Asif Iqbal Tanha and Jawaharlal Nehru University students Devangana Kalita and Natasha Narwal who were granted bail on June 15 in the north-east Delhi riots case.
The court said the legal proceedings against the 11 accused were initiated in a 'perfunctory and cavalier fashion' and 'allowing them to undergo the rigmarole of a long-drawn trial does not augur well for the criminal justice system of the country'.
The high court said prima facie charges of rioting and unlawful assembly are made out against nine of the 11 accused, including Imam, Tanha and Zargar.
The Supreme Court is scheduled to hear on Friday the appeals of Delhi Police challenging the Delhi high court verdicts granting bail to three student activists in a case related to the last year's communal violence in north-east Delhi during protests against the Citizenship Amendment Act (CAA).
The apex court had earlier expressed its displeasure over the high court discussing the entire anti-terror law UAPA in a bail matter and made it clear that the judgements shall not be treated as a precedent and may not be relied upon by any of the parties in any of the proceedings.
"Having given our anxious consideration to this aspect of 'likelihood' of threat and terror, we are of the view that the foundations of our nation stand on surer footing than to be likely to be shaken by a protest, however vicious, organised by a tribe of college students or other persons, operating as a coordination committee from the confines of a University situate in the heart of Delhi," a bench of Justices Siddharth Mridul and Anup Jairam Bhambhani said in a 133-page judgement.
The high court directed Pinjra Tod activists Narwal and Kalita and Tanha to surrender their passports and not to offer any inducement to prosecution witnesses or tamper with the evidence in the case.
She has been booked under the anti-terror law in a case related to communal violence in northeast Delhi in February. Additional Sessions Judge Dharmender Rana granted the interim relief from June 10 to June 19 to Jahan on furnishing two sureties of Rs 1 lakh.
According to the sources, those named in the chargesheet are Taahir Hussain, Mohd Parvez Ahmed, Mohd Illyas, Saifi Khalid, Ishrat Jahan, Miran Haider, Safoora Zargar, Asif Iqbal Tanha, Shahdab Ahmed, Natasha Narwal, Devangana Kalita, Tasleem Ahmed, Saleem Malik, Mohd Saleem Khan and Athar Khan.
Reversing the burden of evidence means that the principle of innocent until proven guilty does not apply. It is exactly the opposite: Guilty as charged, until you can convince the judges of the contrary, points out Shekhar Gupta.
In this conspiracy, firearms, petrol bombs, acid bottles and stones were collected at numerous homes, police claimed.
The police can now name them in their supplementary charge sheet, an official said. In a late evening statement, the government said that this is a purely procedural matter, adding that the elected government has no role to play in this.
The high court on Tuesday had granted bail to two Jawaharlal Nehru University students Natasha Narwal and Devangana Kalita and a Jamia Millia Islamia student Asif Iqbal Tanha saying in its anxiety to suppress dissent, the State has blurred the line between right to protest and terrorist activity and if such a mindset gains traction, it would be a "sad day for democracy".
'There are many people languishing in jail under these draconian laws, where it takes them 10 years, 15 years, to finally be acquitted.' 'And, who is going to account for those years?' 'The home ministry's statistics says that between 2016 and 2019, the conviction rate (under UAPA) is only 2 per cent and the use of UAPA has increased by more than 70 per cent.' 'There are many people languishing in jail under these draconian laws, where it takes them 10 years, 15 years, to finally be acquitted.'
'Who is going to account for those years?'
'The home ministry's statistics says that between 2016 and 2019, the conviction rate (under UAPA) is only 2 per cent and the use of UAPA has increased by more than 70 per cent.' 'The government statistics itself is so revealing what the purpose of this law (UAPA) is.'
"If such blurring gains traction, democracy would be in peril," a bench of Justices Siddharth Mridul and Anup Jairam Bhambhani said in its 83-page judgement while deliberating with the case and imposition of anti-terror law against Kalita.
'You realised there was a struggle outside and now your struggle is to survive, live in prison, to retain your feelings, your humanity, and collectively continue doing inside what you were doing outside.'
The chargesheet in which 15 persons have been named as being part of a 'premeditated conspiracy' in the north east Delhi riots, said the tone and nature of the communication of the members of Jamia Co-ordination Committee (JCC) changed from the evening of February 24 and they started talking about relief, rehabilitation and care of the victims while 'simultaneously unleashing concerted disinformation campaign blaming the state, police and the ruling political party for the loss of lives and property caused by their terrorist and unlawful act'.
The judge asked the concerned deputy commissioner of police (DCP) to monitor the probe to ensure fair investigation as police have failed to point out what investigation has been carried out so far regarding the involvement of the rival faction.
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