Pinjra Tod: Surprised Delhi HC examined issues that were not even challenged says SC
New Delhi, June 18: The Supreme Court while hearing an appeal by the Delhi Police against the grant of bail to the accused in the Delhi riots case said it was surprised with the over 125 page order of the Delhi High Court making long observations about the constitutionality of the UAPA provisions.
The SC observed that the long observations about the UAPA were made by the Delhi HC even when the accused had not challenged the validity and provisions of the act. The SC however refused to stay the order of the Delhi HC which granted bail to Natasha Narwal, Devangana Kalita and Asif Iqbal Tanha. We are surprised that the Delhi HC has written an over 100 page judgment discussing all laws.
Bail has been granted, we will not stay the HC's order. However the HC judgment cannot be cited as a precedent by an accused in the Delhi riots case to seek bail, a Bench comprising Justices Hemant Gupta and V Ramasubramanian said.
The SC said that the way in which the Delhi HC interpreted UAPA, when it was not even requested to do so. This requires the SC to examine the issues raised by the Delhi Police, the SC also said.
While issuing issuing notices said that the Delhi HC order shall not be treated as a precedent and will not be relied upon by any court.
The three accused were arrested in May last year over their alleged links to the Delhi riots amidst the protests against the Citizenship Amendment Act. They were granted bail on personal bonds of Rs 50,000 each and two sureties of the like-sum.
The Delhi Police challenged this judgment on the ground that the findings are perverse and contrary to record and appeared to be more on the narrative by the social media.