Delhi HC grants bail to activists in Delhi riots case, says line between right to protest and 'terrorist activity' getting blurred

The court allowed bail to the trio subject to personal bond of Rs 50,000 and two local sureties

The Delhi High Court on Tuesday granted bail to 'Pinjra Tod' activists Natasha Narwal and Devangana Kalita, and another person Asif Iqbal Tanha, in a case related to larger conspiracy for Delhi riots, lodged under the stringent Unlawful Activities (Prevention) Act.

A bench of Justices Siddharth Mridul and Anup J Bhambhani held that prima facie, no offence under Sections 15, 17 or 18 of the UAPA was made out on the basis of the material on record in the present case against the three accused.

The court, referring to screenshots of WhatsApp chats of the accused filed in the charge sheet, noted the allegations against them were based on “stretched inferences” and “alarming and hyperbolic verbiage”.

"We can discern no specific or particularised allegation, much less any material to bear out the allegation, that the appellant incited violence, what to talk of committing a terrorist act or a conspiracy or act preparatory to the commission of a terrorist act as understood in the UAPA," the bench said, granting bail to Narwal.

In a strong observations, the court said it is constrained to express, that 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 activity seems to be getting somewhat blurred.

“If this mindset gains traction, it would be a sad day for democracy," the bench said.

The court also noted that the charge sheets have already been filed against the accused with 740 witnesses and the trial was yet to commence in the case.

While granting bail to Tanha, the court said, “Foisting extremely grave and serious penal provisions engrafted in Sections 15, 17 and 18 of the UAPA frivolously upon people, would undermine the intent and purpose of the Parliament in enacting a law that is meant to address threats to the very existence of our Nation. Wanton use of serious penal provisions would only trivialise them.”

The court allowed bail to the three persons, in separate orders, subject to personal bond of Rs 50,000 and two local sureties. Other conditions included surrendering of passports and not indulging in activities which could hamper the case.

Tanha is a student pursuing graduation at Jamia Millia Islamia. He was arrested in the Delhi riots case under UAPA in May 2020 and has been in continuous custody since then. Narwal and Kalita are PhD scholars at Jawaharlal Nehru University (JNU), who are associated with the 'Pinjra Tod' (Break the Barrier) Collective. They have also been in custody since May, 2020.

The case pertained to Delhi police investigation into the "larger conspiracy", which led to the riots and killings of more than 50 people and injuries to hundred others in February, 2020. According to police, the three accused along with other accused persons, conspired to cause disruption, and disturbance in law and order at an unprecedented scale.