The Delhi High Court in its judgments dated fifteenth June found that offences below the Unlawful Activities Prevention Act (UAPA) aren’t made out clear against student leaders Asif Iqbal Tanha, Natasha whale, and Devangana Kalita within the Delhi riots conspiracy case.

In the 3 separate orders delivered permitting the bail applications of Tanha, whale, and Kalita, the court has undertaken a factual examination of the allegations to determine if a prima facie case is formed out against them for the needs of Section 43D(5) of UAPA. However, a judicature bench comprising Justices Siddharth Mridul and Anup Jairam Bhambhani, once a preliminary analysis of the charge sheet discovered that the allegations don’t represent the alleged UAPA offences concerning terrorist activities(Sections 15,17 and 18). Therefore, the division bench aforesaid that the rigor of Section 43D(5) of the UAPA against the grant of bail wasn’t attracted against the accused, and thus they were entitled to grant of bail below the normal principles under the Code of Criminal Procedure.

These 3 student leaders have spent over an amount of 1 year in Tihar jail, even amid the 2 deadly waves of the COVID pandemic. The profit of interim bail on account of the pandemic wasn’t on the market to them as they were defendants below the UAPA. After Natasha narwal lost her father Mahavir narwal to COVID last month, the judicature had granted her interim bail for 3 weeks to perform the observance rites.

-Report by Manaswa Sharma