'State Anxious to Suppress Dissent': Pinjra Tod Activists, Jamia Student Granted Bail in UAPA Case

The Delhi High Court on Tuesday granted bail to JNU students Natasha Narwal and Devangana Kalita and Jamia Millia Islamia student Asif Iqbal Tanha, who were arrested under the stringent Unlawful Activities (Prevention) Act in connection with a case related to larger conspiracy in the north east Delhi riots in February last year.

A bench of Justices Siddharth Mridul and Anup Jairam Bhambhani set aside the trial court's orders denying bail to the three accused and allowed their appeals by admitting them to regular bail.

“While the presence of the appellant for purposes of trial must be secured, there is no material or basis to suspect; nor is there any reasonable apprehension that the appellant will tamper with evidence or intimidate witnesses,” the court said, while granting bail to Tanha.

There is a difference between the “constitutionally guaranteed right to protest” and terrorist activity, the Delhi High Court said, adding that the use of the anti-terror law UAPA (Unlawful Activities (Prevention) Act) must recognise the “essential character of terrorism” and a “terrorist act”, and that the law could not be “casually applied to criminal acts”.

“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,” the court noted. “If this mindset gains traction, it would be a sad day for democracy,” the court added.

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. The three accused were arrested in May last year in connection with the riots in north east Delhi.

Communal clashes had broken out in north east Delhi on February 24 last year after violence between citizenship law supporters and protesters spiralled out of control leaving at least 53 people dead and around 200 injured.

Narwal, Kalita and Tanha were arrested in May 2020. They were accused of being the “masterminds” of the February 2020 violence and denied regular bail by the trial court.

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