2020 Delhi riots | Supreme Court dismisses Delhi Police appeal against bail to activists

The Supreme Court on May 2 dismissed an appeal by the Delhi Police against the release of activists on bail in a case connected to the 2020 Delhi riots. 

The Supreme Court on May 2 dismissed an appeal by the Delhi Police against the release of activists Devangana Kalita, Natasha Narwal and Asif Iqbal Tanha on bail in a case connected to the 2020 Delhi riots. 

A Bench led by Justice Sanjay Kishan Kaul observed that the activists have been out on bail for two years now. The Delhi High Court had allowed them bail in June 2021 after a year’s incarceration in Tihar Jail. They were accused of offences under the Unlawful Activities (Prevention) Act or UAPA in connection with the North-East Delhi riots, which broke out after the protests against Citizenship Amendment Act (CAA) had turned violent.  

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The High Court had made scathing remarks in its judgment against the police, accusing it of blurring the line between “terrorist act” under the UAPA and the students’ right to protest a law.  

On May 2, the apex court recorded that neither the observations made by the High Court on the UAPA law nor any elaborate discussion on the merits of the case would act as a precedent.  

“The impugned judgment is an extremely elaborate one interpreting provisions of UAPA. In our view the only issue to be examined if in the factual scenario accused is to be granted bail or not,” the apex court noted.  

Solicitor General Tushar Mehta, for the police, said the comments made by the High Court had the effect of even diluting the UAPA.