Bail plea of Asif Iqbal Tanha was dismissed by the Karkardooma Court in the Delhi Riots Case. Asif, a Jamia Milia Islamia Student was arrested under the Unlawful Activities and Prevention Act (UAPA).
The Matter: Delhi Police had filed an FIR against fifteen people in the Delhi riots case and Asif being one of them, was arrested. The Police also claimed that Asif was actively involved in instigating riots in opposition to the Citizenship Amendment Act and helped orchestrate the same. It was alleged that he was a key member of the protests against CAA and the riots followed by that.
Asif’s lawyer argued before the court that the organizations that Asif was not present at the time of rioting or wherever violence had taken place and that there was no evidence against him for being related to the conspiracy.
It was also submitted to the Court that the conspiracy was made and discussed through Whatsapp by making a group and the chats relating to the same were submitted in the chargesheet. The Special Public Prosecutor submitted that the statement of the witnesses clearly indicated the involvement of Asif in the conspiracy that led to riots, destruction of property, leading to injury and death of several people and opposed his bail plea.
Thus the court ordered:
“ Since there are reasonable grounds for believing that the accusation against the accused Asif Iqbal Tanha are prima facie true, hence, the embargo created by Section 43D of UAPA applies for grant of bail to the accused. Hence, the present application for bail of accused Asif Iqbal Tanha is dismissed”.
It added that the provisions of UAPA were rightfully invoked and there were reasonable grounds to deny bail to Asif Iqbal Tanha.