The Delhi High Court on Tuesday granted bail to Pinjra Tod activists Devangana Kalita, Natasha Narwal and Jamia student Asif Iqbal Tanha, who were arrested under the Unlawful Activities (Prevention) Act (UAPA) in connection with a case related to larger conspiracy in the north east Delhi riots in February last year.
They are accused of being the masterminds behind the conspiracy that led to the North-East Delhi violence in February 2020. The allegation was that this conspiracy would disturb the law and order of the National Capital.
A Division Bench comprising Justice Siddharth Mridul and Justice Anup Jairam Bhambhani has granted bail to 2019 Delhi riots accused Asif Tanha, Natasha Narwal and Devangana Kalita in appeal filed under section 21(4) of the National Investigation Agency Act, 2008 r/w section 43(D)(5) of the UAPA. While granting bail, the bench criticised the government’s actions in suppressing dissent and also distinguished between the constitutionally guaranteed right to protest and terrorist activity.
The Court while granting bail, stated; “We are constrained to express, that it seems, that in its anxiety to suppress dissent, in the mind of the State, the line between the constitutionally guaranteed right to protest and terrorist activity seems to be getting somewhat blurred. If this mindset gains traction, it would be a sad day for democracy.”
It has been alleged that these members of the Pinjra Tod movement mobilized women in the North-East area of Delhi and created a 24×7 protest site at Madina Masjid, Seelampur and coordinated a Chakka Jam that incited violence.
This took place on the day when US President Donald Trump was on his India visit. It has been alleged that there could not have been a greater international embarrassment for the government of India than to have a communal riot in the National Capital at this point of time.
The Court has held that prima facie, no offence under sections 15, 17 or 18 UAPA is made-out on the basis of the material on record in the present case against the three. Bail is subject to personal bond of Rs 50,000 and two local sureties. Conditions for bail include the three surrendering their passports and not indulging in activities that would hamper the case.
“It seems that in its anxiety to suppress dissent, in the mind of the State, the line between constitutionally guaranteed right to protest and terrorist activity seems to be getting somewhat blurred. If this mindset gains traction, it would be a sad day for democracy,” the court noted.
Asif Tanha was arrested on May 17 by the crime branch of Delhi Police in the Jamia rioting case during the anti-CAA (Citizen Amendment Act) protests. He is accused of participating in the violence that broke out in New Friends Colony on December 15, 2019. Tanaha had been granted interim custody bail from June 13 to 26.
The allegations against Tanha are that the he is one of the main conspirators as well as instigators behind the riots that happened in the North-East parts of Delhi from 22.02.2020 to 26.02.2020; and that he played an active role in the conspiracy and is one of the ‘masterminds’;
It is alleged that Tanha along with other co-accused persons, formed the Jamia Co-ordination Committee to protest against the CAA. It is further stated by the prosecution that, at a meeting of members of the JCC and representatives of another entity called ‘Pinjra Tod’, they decided to hold a chakka jam in North-East Delhi while mobilizing women and children to stop the police from using force against them.
Pinjra Tod activist Natasha Narwal and Devangana Kalita are booked under Unlawful Activities (Prevention) Act, 1967 for alleged conspiracy in the northeast Delhi riots in February during the Anti-CAA Protest.
Natasha Narwal was allegedly involved in instigating the local population in certain Muslim dominated areas in Delhi, particularly women, to protest against the Citizenship Amendment Act 2019. Other than this, the allegation is that as part of a women’s rights group called ‘Pinjra Tod’ and other organisations. It is alleged that Natasha participated in a so-called larger conspiracy to commit certain offences that are subject matter of the subject FIR, which also led to riots that occurred in the North-East part of Delhi between 22.02.2020 and 26.02.2020.
The essential case alleged by the State against the Devangana Kalita is that, as part of a women’s rights group called Pinjra Tod and other activistic groups called the Delhi Protests Support Group, the Jamia Coordination Committee, Warriors, and ‘Auraton ka Inquilab’, the appellant participated in what is described by the State as a ‘larger conspiracy’, to commit certain offences that are subject matter of the subject FIR, which led to violence and rioting in the North-East Delhi in February.
The gravamen of the allegation is that as part of such protests, the Kalita along with co-conspirators instigated the local population in certain Muslim dominated areas of Delhi, particularly women, and incited in them feelings of persecution, which subsequently led to violence and rioting.
The court, while granting bail made it clear that it has not gone into the merits of the case; “Nothing in this order shall be construed as an expression on the merits of the pending trial.”, The court said.
A total of 15 people were named in the FIR lodged by Delhi Police in the Delhi riots conspiracy case and Tanha, Narwal and Kalita were part of them. The police claimed that Tanha played a key role in orchestrating the protests against the Citizenship Amendment Act. In the FIR, it was also alleged that Tanha is a close associate of Safoora Zargar, Umar Khalid, Sharjeel Imam and others.
It was also submitted in the FIR that Tanha conspired, along with others, to overthrow the government by setting up a chakka jam (road blockade) in Muslim-dominated areas. Police also claimed that Tanha purchased a mobile SIM card by using fake documents and the same was used in planning the chakka jaam, riots etc and it was used to create a WhatsApp group. It was also claimed that the SIM was subsequently provided to another Jamia student and co-accused Safoora Zargar to organise further protests.
Communal clashes had broken out in north east Delhi on February 24 last year after violence between citizenship law supporters and protesters spiralled out of control leaving at least 53 people dead and around 200 injured.