DELHI HC GRANTS BAIL TO ASIF IQBAL TANHA, NATASHA NARWAL AND DEVANGANA KALITA IN THE DELHI RIOTS CASE

A Division Bench of Delhi HC granted bail to Asif Iqbal Tanha, Natasha Narwal and Devangana Kalita in the Delhi riots conspiracy case. The Bail is subject to Rs 50,000 bond and two local sureties. The Court directed the three to submit their passports and not indulge in any activity that could hinder their case.

Justice Siddharth Mridul and Justice Anup J. Bhambhani, while granting bail to Natasha Narwal, observed that "We are constrained to express, that it seems, that in its anxiety to suppress dissent, in the mind of the State, the boundary between the constitutionally guaranteed right to protest and terrorist activity seems to be getting somewhat blurred. If this mindset gains traction, it would be a sad day for democracy. 

The Bench, while granting bail to Natasha Narwal, said that "prima facie we are unable to find out the ingredients that must be found in any offence u/s 15, 17 and 18 of UAPA". 'Allegations such as chakka jam, instigating women to protest and other similar allegations, 
in our view at worst, are just evidence to show that the appellant organised protest, but nowhere we can find any evidence to show that the appellant incited violence or any terrorist act".

The bench granted bail to the three in three separate orders. The Court said that the right to protest is a constitutional right and cannot be termed a “terrorist act”.

Author: Papiha Ghoshal