Tag: #TiharJail

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

Rashid Zafar, a prisoner undergoing trial, was arrested in 2018 for allegedly being a member of the terrorist organization named Islamic State Of Iraq and Syria (ISIS). He was alleged to be involved in planning serial blasts, suicide bombings, and political assassinations in Delhi and other areas around the country.

Zafar approached a Delhi Court on Wednesday, claiming that he was beaten by the other inmates inside the Tihar jail and was forced to chant ‘Jai Shri Ram’. The inmate’s legal team claims to have a video in their possession, in which the alleged ISIS member is narrating the whole incident. In the video, he says that he was beaten badly by a few inmates and a sipahi and that they assaulted him because of his background. Advocate M S Khan, Zafar’s lawyer, also confirmed the existence of this video and moved before the court with a plea requesting the Jail Superintendent to look into the matter.

Tihar Jail’s administration countered these allegations and stated that he inflicted these injuries on himself. However, they further stated that they have recovered the phone from Zafar’s possession and have ordered an inquiry into the whole matter.

A petition filed by the inmate’s counsel alleged that Zafar was forced to chant religious slogans of another religion by the other inmates in the cell.
According to the plea, the incident was disclosed by the accused to his father on phone from the jail itself.

-Report by Anuj Dhar