The Delhi High Court on Thursday reserved its verdict on a plea by Jamia Millia Islamia student Asif Iqbal Tanha, arrested under the stringent Unlawful Activities (Prevention) Act, for a case related to the North-East Delhi riots Was seeking bail in connection.
A division bench of Justice Siddharth Mirdul and Justice AJ Bhambhani asked the Delhi Police and Mr. Tanha’s counsel to give their written submissions by 22 March.
Order challenged
Mr Tanha was arrested in May last year for being part of a “pre-determined conspiracy” in the riots. He has challenged a trial court’s order of October 26, 2020, dismissing his bail application.
His bail plea was opposed by the Delhi Police on the grounds that the riots had been given prior notice and a conspiracy was hatched in which Mr. Tanha was a part. The prosecutor opposed the plea, stating that there were statements of protected witnesses in the case which clearly showed Mr. Tanha’s alleged role in the riots.
On the other hand, Mr. Tanha’s lawyer argued that he has been in custody since May 2020 and even a charge sheet has been filed. Before the trial court,
Mr. Tanha’s lawyer had claimed that he was not present in Delhi during the riots and did not visit any picketing site where the riots and violence took place.
The lawyer had argued that there was no physical evidence linking Mr. Tanha to the riots and there was no allegation in relation to the money he was receiving for terrorist activities.
The trial court, in its October 26, 2020 order, rejected the bail plea on the grounds that he had allegedly played an active role in the entire conspiracy and there were reasonable grounds to believe that the allegations against him were true.
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