The Delhi High Court sought response from the Prosecution on the plea filed by the Jamia Milia Islamia Student Asif Iqbal Tanha. The student was arrested under stringent Unlawful Activities Act, and the plea sought bail in connection with a case related to larger Conspiracy in the North East Delhi Riots in February 2020.
A notice was issued to the prosecution by a bench of Justices Sidharth Mridul and AJ Bambhani and was asked to file a reply to the petition within 3 weeks. The court adjourned the matter for further hearing to March 12.
Tanha challenged the order that was passed on October 26, 2020, which dismissed his bail plea alleging that he did have an active role in the entire conspiracy and there were reasonable grounds to believe that allegations against him were prima facie true. Tanha was arrested in May 2020 for taking part in the premeditated conspiracy in the riots.
Advocates Siddharth Agarwal and Sowjhania Shankaran representing Tanha submitted that bail must be granted as the accused had been in custody since May 2020 and even the charge sheet has been filed.
Special Public Prosecutor Amit Mahajan represented the Prosecution.
On October 26th 2020 the trial court said that there was a reasonable ground to believe that accusation against Tanha were Prima Facie true, thus the bail application got dismissed when they had applied for the grant of bail under Section 43D of Unlawful Activities Prevention Act (UAPA).
Under Section 43D of UAPA if the court was of the opinion that the accusation is prima facie true accused should not be released on bail or on his own bond.
Tanha’s counsel stated that he was not present in Delhi during the riots and did not even visit any of the places where the riots occur. Further, She stated that there was no evidence to prove his involvement in the case with respect to any funds being received by him for terrorist activities.
The prosecutor opposed the bail plea saying that there were statements of protected witnesses which showed Tanhas involvement in the case.
The Communal clashes had broken out in Northeast Delhi on February 24, 2020, after there was violence between Citizenship law supporters and protestors.
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