Supreme Court: Trial Court must expeditiously decide release of student activists in Delhi riots case

Jun17,2021 #Delhi Riots #SUPREME COURT
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Lekha G

The Delhi High Court while considering the plea filed by student activists challenging the Trial Court’s order deferring their release observed that the Trial Court must consider the matter “With alacrity“.

The Division Bench of Justices Sidharth Mridul and Anup Jairam Bhambhani was hearing a plea filed by student activists Devangana Kalita, Natasha Narwal and Asif Iqbal Tanha challenging the Trial Court’s action under Section 482 of CrPC in deferring their release orders granted by the Delhi High Court on June 15 in the Delhi riots conspiracy case as violative of their fundamental rights.

The Delhi High Court had granted bail observing that the Unlawful Activities Prevention Act (UAPA) are not made prima facie against them in the Delhi riots conspiracy case.

Advocate Adit S Pujari appearing for the applicants told the Bench that, “The Delhi Police have cleverly verified 1 surety each for every appellant and said there are mistakes with the 2ndand that the verification must be completed within 24 hours of grant of bail as per the orders passed by the Court.

Special Public Prosecutor Amit Prasad denied the allegations saying that the they were only following directions as issued in the bail order verifying the addresses of the accused and sureties before their release.

Further, he also stated there were discrepancies in the address furnished by Tanha, a physical verification of the addresses was required.

“We expect the Trial Court to proceed with promptitude and expedition and pronounce on the issues pending determination before it forthwith.” the Bench observed.

The Additional Sessions Judge Ravinder Bedi of Karkardooma Courts had deferred the release order of the activists citing “Heavy board” after the Delhi Police sought time for verification of the addresses of the accused and their sureties.

The Delhi Police had said, “The “Outstation permanent address” verification of all accused persons is pending and could not be completed due to paucity of time.”

The Court posted the matter for further hearing at 3.30 PM today as the verification process was still “Within the domain of the Trial Court”.

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