Supreme Court dismisses Delhi Police’s plea against bail of three accused in 2020 riots

New Delhi (IANS) | The Supreme Court on Tuesday rejected the Delhi Police’s plea against the bail granted to three accused in the 2020 riots in the national capital, Devangana Kalita, Natasha Narwal and Asif Iqbal. In these communal riots in February 2020, 53 people were killed and more than 700 others were injured.
In July 2021, the apex court had expressed its reluctance to consider cancellation of bail of these three. All three have been booked under the Unlawful Activities (Prevention) Act (UAPA).
A bench headed by Justice Sanjay Kishan Kaul told the central government’s counsel on Tuesday that there is a limit for seeking an adjournment. He said that the accused have been out on bail for two years and he does not see any reason to continue with the case.
When the counsel for the Center urged the court to take up the matter again on Wednesday, Justice Kaul said that so many adjournments have been sought so far and nothing is left in the matter.
Referring to the bail order passed by the High Court, the apex court said that it was a very detailed order on bail interpreting the provisions of the UAPA Act and in its opinion the only issue which had to be examined was whether the factual Whether bail should be given to the accused in the scenario or not.
Justice Kaul clarified that while issuing notice in the matter, the court had said that the judgments would not be considered precedents.
Solicitor General Tushar Mehta, appearing for the Delhi Police, said that there was a lot of personal consideration in the High Court’s decisions granting bail to the three student activists.
Responding to this, Justice Kaul said that the court in its previous order had already held that the judgments would not be treated as precedents and no further order was required in this matter.
The bench said that in the bail order the court has only to consider whether the person is to be released on bail or not and emphasized that the 2021 judgments by the Delhi High Court in the matter have to be taken as a precedent on the legal position. cannot be used as such.
The apex court was hearing petitions by the Delhi Police against the High Court’s June 15, 2021 order granting bail to three accused in a major riot case.
The court had made it clear that the decisions of the High Court would not be treated as a precedent and could not be cited by any party in any proceedings.