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An appeal has been filed in the Supreme Court by the Delhi Police challenging the Delhi High Court order granting bail to Asif Iqbal Tanha, Devangana Kalita and Natasha Narwal accused under the Unlawful Activities (Prevention) Act (UAPA) in the Delhi Riots case.
The Division bench comprising Justices Siddhartha Mridul and Anup Jairam Bhambhani on June 15 granted bail to the three observing that there was nothing in the chargesheet which would make-out the ingredients of the offences under sections 15, 17 or 18 of the UAPA.
The Court also drawing attention to the intent of the legislature in enacting the law said that the phrase ‘terrorist act’ has been given a very wide and detailed definition in section 15 and the court must be careful in employing the definitional words and phrases used in section 15 to differentiate a “terrorist act” from a conventional heinous crime.
Taking a stern view on the allegations made against the Pinjra Tod Activists Natasha Narwal and Debangana Kalita the Court said “Foisting extremely grave and serious penal provisions engrafted in sections 15, 17 and 18 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”.
In its charge sheet, the Delhi Police had said that the three were involved in instigating the local population in North East Delhi and participated in the larger conspiracy to commit offences under the UAPA.
Earlier the Delhi High Court had granted interim bail custody to Tanha for a period of two weeks for the purpose of preparing and writing his supplementary exams for his final year BA(Hons) (Persian) Programme at Jamia Millia Islamia.
Natasha Narwal was also released on a three weeks interim bail to perform the last rites of her father who passed away in May.
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