Delhi Riots Activists Arrested Under UAPA Gets Bail By Delhi HC Bench

On the 15th of June, a division bench of the Delhi High Court (HC) comprising of Justice Sidharth Mridul and Justice Anup Jairam Bhambhani granted bail to the activists alleged in Delhi riots 2020.

The division bench allowed bail to Asif Iqbal Tanha, Natasha Narwal and Devangana Kalita. They were booked in the Delhi riots larger conspiracy case under the Unlawful Activities (Prevention) Act (UAPA.) Under the UAPA Act, whoever takes part in or commits, advocates, abets, advises or incites the commission of any unlawful activity should be punishable with imprisonment for a term which may extend to seven years and are liable to fine.

Both Natasha Narwal and Devangana Kalita are Ph.D., scholars at Jawaharlal Nehru University, associated with the Pinjra Tod Collective, a group which fights for women’s rights. On the other hand, Asif Iqbal Tanha is a student of Jamia Millia Islamia University in Delhi. They were under police custody since May 2020 in the Delhi riots conspiracy case.

However, after several rejected bail pleas, the Delhi HC Division Bench finally allowed bail to the three activists. The court said, “Seems that in its anxiety to suppress dissent, in the mind of the State, the line between constitutionally guaranteed right to protest and terrorist activity seems to be getting somewhat blurred. If this mindset gains traction, it would be a sad day for democracy.” The approved bail is subject to personal bond of Rs. 50,000 and two local sureties each. In addition, the bail conditions include surrendering their passports and not being involved in activities which could hamper the case.

It is to be noted, recently, Natasha Narwal was allowed interim bail to attend the last rites of her now deceased father. Similarly Asif Iqbal Tanha was also allowed interim bail to attend his examination for his degree study.

The three accused in the Delhi riots were first named in the first information report (FIR) filed in connection with the 2020 Delhi riots case (59/2020.) The Delhi Police booked a total of 15 people for the Delhi riots conspiracy in 2020. These three activists are among those 15, who actively participated in the protest against the Citizenship Amendment Act 2019.

Following several protests, a massive communal riot broke out in Delhi, which damaged several properties and caused 53 lives and left approximately 200 people injured.