A day after the Delhi High Court granted bail to three student activists who are accused in the 2020 Delhi riots case, there was high drama at the Karkardooma court in the city. The Delhi Police had filed a plea seeking more time to verify addresses of the student activists and their sureties before releasing them on bail.
The students' counsels have alleged that the Delhi Police was intentionally delaying their release despite the high court order.
Former Rajya Sabha MP Brinda Karat, activist Gautam Bhan and several professors of the Jawaharlal Nehru University, the Delhi University and Jamia Millia Islamia are standing surety for the three student activists.
Speaking to reporters, they said the police have been asking them "strange questions" during the verification process and alleged that there was a "deliberate attempt" to delay the release of the three student activists. They have alleged that the Delhi Police is trying to delay the release so that it could get a hearing in the Supreme Court before the accused are released on bail.
On the other hand, the police claim they need time to verify authenticity of the Aadhaar cards and have requested that the release of the three accused be delayed.
During the hearing, the judge said the court will pass orders on plea seeking release of the three student activist today itself but it may not have time to issue the release warrant today.
The judge added that sureties for the students need not come again to the court to sign papers.
What Delhi High Court said
On Tuesday, while granting bail to the three student activists, the Delhi High Court said 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".
Terming as "somewhat vague" the definition of 'terrorist act' under the stringent UAPA laws and warning against its use in a "cavalier manner", the high court set aside the trial court orders denying bail to JNU students Natasha Narwal and Devangana Kalita and Jamia Millia Islamia's Asif Iqbal Tanha, allowing their appeals and admitting them to regular bail.
"We are of the view that 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.
However, the high court directed Pinjra Tod activists Narwal and Kalita and Tanha, who were arrested in May last year in connection with alleged larger conspiracy in the riots, to surrender their passports and not to offer any inducement to prosecution witnesses or tamper with the evidence in the case.
The three accused shall not indulge in any unlawful activities and shall reside at the address as mentioned in records, the court said.
Kalita, Narwal and Tanha are accused in four, three and two cases respectively relating to communal riots that broke out on February 24 last year and will be released from jail now as they have already secured bail in other matters.
The bench said there is absolutely nothing in the charge sheet, by way of any specific allegation to show the possible commission of a 'terrorist act' within section 15 UAPA, an act of 'raising funds' to commit a terrorist act under section 17 and an act of 'conspiracy' to commit or an 'act preparatory' to commit, a terrorist act within section 18 UAPA.
Students' counsel allege police delaying release
Arguing for the accused, advocate Adit Pujari said the students' sureties were visited last night and this morning. "All formalities have been completed. Our difficulty is that the verification report has not been given yet," he said, adding that Natasha and Devangana have filed applications for their immediate release.
"Instead of preparing a surety verification report, the Delhi Police has filed an SLP in the Supreme Court. We are on the 24th hour and there is no justification for the delay. They want to verify Adhaar cards of the sureties. All of them are professors of government universities and public servants. If for such sureties, the Delhi Police is unable to conduct verification, it is very strange," Pujari said.
Another counsel appearing for the accused said the police are trying to extend the time-period for release, which is "wholly impermissible". "The high court judgment set out a 24-hour limit," the counsel argued.
Meanwhile, defending the delay in the verification report, the Delhi Police said "it takes time" to verify addresses.
Amit Prasad, the Special Public Prosecutor (SPP) in the case, argued that the accused are claiming that Natasha and Devangana have lived in Delhi for seven years but their permanent addresses on record are of Rohtak and Assam.
"The documents have to be verified. We are asking for honest time to verify surety document and addresses," he said, adding that the investigation agency is being "painted black" by saying that it has not done its duty.
To this, the judge said the students' sureties are present in the court and the verification should not have taken so much time.
(With PTI inputs)