The Delhi High Court on June 15 granted bail to Jawharalal Nehru University students Natasha Narwal and Devangana Kalita and Jamia Millia Islamia student Asif Iqbal Tanha, arrested under the stringent Unlawful Activities (Prevention) Act in connection with a case related to the riots that took place in north-east Delhi last year.
In its order, the Court set aside the trial court's orders denying bail to the three accused and allowed their appeals by admitting them to regular bail.The Court observed that, it seemed, that the line between the constitutionally-guaranteed right to protest and terrorist activity was getting blurred.
"We are constrained to express, that it seems, that in its anxiety to suppress dissent, in the mind of the State, the line between the constitutionally guaranteed right to protest and terrorist activity seems to be getting somewhat blurred," the Court observed.
The bail is subject to a personal bond of Rs 50,000 and two local sureties. The other conditions of the bail include surrendering passports and not indulging in activities that would hamper the proceedings of the case.
"If this mindset gains traction, it would be a sad day for democracy," said the order by bench of Justices Siddharth Mridul and Anup Jairam Bhambhani.
Narwal and Kalita, both research scholars were associated with Pinjra Tod collective, were in custody since May 2020. Narwal was allowed interim bail recently to take part in the last rights of her father.
"In our considered opinion, keeping in view the background, profilefrustrate trial," the bench observed.
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.
Communal clashes had broken out in north-east Delhi on February 24 2020 after violence between citizenship law supporters and protesters spiraled out of control leaving at least 53 people dead and around 200 injured.
(with PTI inputs)