Bail for 3 UAPA accused, Delhi Police files a Petition in Supreme Court to deny bail

The three student activists were charged under the Unlawful Activities (Prevention) Act (UAPA) for allegedly encouraging riots in northeast Delhi in February 2020, which erupted amid rallies against and favoring the Citizenship Amendment Act, killing 53 persons and injuring over 400 others.

While granted bail to Devangana Kalita, Natasha Narwal, and Asif Iqbal Tanha on Tuesday, the Delhi High Court chastised the Delhi Police for "casually" applying anti-terror charges against the three students who had protested the Citizenship (Amendment) Act (CAA).

A bench of justices Siddharth Mridul and Anup J Bhambhani, while granting bail to Kalita, said, "We are constrained to say, that it appears, that in its anxiety to suppress dissent and in the morbid fear that matters may get out of hand, the State has blurred the line between the constitutionally guaranteed 'right to protest' and 'terrorist activity’. If such blurring gains traction, democracy will be in peril."

The High Court has conducted an objective examination of the charges to see if a prima facie case is made out against Tanha, Narwal, and Kalita for Section 43D(5) of UAPA in three separate rulings approving their bail applications. The High Court also made critical and relevant judgments about the fundamental right to protest and the use of UA for frivolous purposes.

Even throughout the two devastating waves of the COVID pandemic, these three student leaders spent almost a year in Tihar Prison.

They were not eligible for temporary bail due to the epidemic because they were charged under the UAPA. The High Court granted Natasha Narwal interim release for three weeks to execute the funeral rites after her father Mahavir Narwal died of COVID last month.

The police allege that the High Court has watered down the terms of UAPA due to an "erroneous interpretation," which will have far-reaching repercussions and influence all cases filed by the National Investigating Agency (NIA) under UAPA.

Activists Natasha Narwal, Devangana Kalita, and Asif Iqbal Tanha are yet to be released from prison, even though they were granted bail by the Delhi High Court less than 24 hours ago. The delay in their release was explained by the Delhi police on Wednesday, June 16th, to the verification of sureties and addresses.