SC refuses to stay Delhi HC order granting bail to Asif Iqbal Tanha and other activists

NEW DELHI: The Supreme Court on Friday refused to stay the Delhi High Court's order to grant bail to Pinjra Tod activists Devangana Kalita, Natasha Narwal and Jamia student Asif Iqbal Tanha and said that the judgment of the Delhi High Court will not be treated as a precedent and not relied upon by the parties before any Court.

"Release of respondents (accused) will not be interfered with at this stage. It will be subject to the final order," said a two-judge vacation bench of the Supreme Court, headed by Justice Hemant Gupta and also comprising Justice V Ramasubramanian while hearing the appeal filed by the Delhi Police challenging the Delhi High Court's order granting bail to Devangana Kalita, Natasha Narwal, and Asif Iqbal Tanha.

All of them were arrested under the stringent Unlawful Activities (Prevention) Act, in connection with northeast Delhi violence cases.

Solicitor General Tushar Mehta, appearing for the Delhi Police submitted to the Apex Court for staying the Delhi High Court judgement to grant bail to them.

"Please stay the Delhi High Court judgement," Mehta said.

Justice Hemant Gupta, leading the bench said, "Since the issue is important and it can have a pan India ramification, we will issue notice and hear the parties.

"SG Mehta said that the incident was caused when then US President Donald Trump was visiting Delhi and these people wanted to create a stir during that time.

The SG, said that the matter is very serious, at least 53 persons died and so many injured in the incident, of which many were police officers. "These three people allegedly conspired in the incident," Mehta said.

"So many people died and look at the way the Delhi High Court is saying?" the SG Mehta said.

To this, the bench said, "We can understand. There are many challenges in the issue, maybe the UAPA may have not been challenged in the Delhi High Court.

"Justice Gupta said, "We are inclined to issue notice first, let us see."

"Notice returnable in two weeks," the Apex Court said.

The Supreme Court said, let the counter affidavit be filed within 4 weeks and listed the matter for further hearing on July 19.

List the matter the week commencing 19 July, on a non-miscellaneous day.