SC Orders Stay On Delhi HC Judgement In Delhi Riots Conspiracy Case

SC Orders Stay On Delhi HC Judgement In Delhi Riots Conspiracy Case

Considering the appeal filed by Delhi Police, the Hon’ble Supreme Court has issued notice against the Hon’ble Delhi High Court’s recent Judgment which ordered the release of three student activists on bail in the Delhi riots case. The three students were accused of conspiracy during the Anti-Citizenship (Amendment) Act, 2019, protests in Delhi and were taken into custody in May 2020.

The Hon’ble Supreme Court has held that the impugned judgment given by the Hon’ble High Court shall not be cited as Precedent until the appeal is decided. In the meantime, the Hon’ble Court intended not to interfere with the bail granted to the student activists. 

On June 15, the Hon’ble Delhi High Court while granting bail to the three students have held that the charges imposed on them under the Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as “UAPA, 1967”) did not seem to apply in the instant case and also laid important principles defining ‘Terrorist Act’ and the instances which attracts the provisions of the UAPA, 1967. 

However, the Delhi police moved the Hon’ble Supreme Court against their release saying it would otherwise affect all the other cases registered under the UAPA, 1967. Appearing on behalf of the appellants, Solicitor General Tushar Mehta in urging for a stay on the Hon’ble Delhi High Court’s Judgement has argued that the right to protest does not include the right to kill people and maintained that they were not objecting to the bail granted in the case. 

The vacation Bench headed by Hon’ble Justice Hemant Gupta and Hon’ble Justice V. Ramasubramanian has observed that the Hon’ble High Court in delivering the judgement brought before it questions concerning the interpretation of the UAPA, 1967 which is of pan-India importance. The Court further said that the High Court interpreted the statute narrowly when the plea was just to grant bail and did not challenge the statute. 

The matter is posted for July 19.