The Delhi High Court on Tuesday made some very important and strong observations while granting bail to Pinjra Tod Activists Natasha Narwal and Devangana Kalita, and Jamia student Asif Iqbal Tanha. They were all languishing in jail for a year for their alleged role in last year's Delhi riots.
While granting bail to Asif Iqbal, the court stated:
"No prima facie offence under UAPA is made-out against Asif Iqbal Tanha..."
On prosecution's argument that chargesheet has been filed and 740 witnesses have to be examined...the court said:
"Should we wait till Tanha has languished in jail for long enough to be able to see that it is impossible for 740 witnesses to depose in foreseeable future..."
On the prosecution's terror charges against Tanha, the court stated:
"...the phrase 'terrorist act' cannot be permitted to be casually applied to criminal acts that fall squarely within the definition of conventional crimes..."
It held that, "Foisting extremely grave and serious UAPA provisions frivolously upon people, would undermine their intent and purpose..."
"Wanton use of serious penal provisions would only trivialise them," the court added.
On the prosecution's point that Asif Tanha is a member of SIO and Jamia Coordination Committee, court observed that "neither SIO nor JCC were banned or terrorist organisations".
In its order granting bail to Natasha Narwal, the Delhi high court observed:
"...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 act is getting blurred..."
The judges added that "If this mindset gains traction, it would be a sad day for democracy."
On the right to protest, the court observed that the Government may prohibit protests on streets or highways to avoid nuisance or disturbance of traffic, but "it cannot close all streets or open areas for public meetings thereby defeating people's fundamental rights..."
On terror charges against Narwal, the court said that "there is nothing in the chargesheet that shows commission of a terrorist act"