New Delhi: A Delhi court has dismissed the bail plea of Jamia Milia Islamia student Asif Iqbal Tanha, arrested under the draconian Unlawful Activities (Prevention) Act in the Delhi riots conspiracy case, saying that vociferous agitation “in the guise” of protests against the Citizen Amendment Act (CAA), coupled with “other activities of violence”, meant these acts were intended to cause “disaffection against India”.
The Delhi police have come under severe criticism for linking the peaceful protests against the CAA that began in December 2019 with the riots that took place in Delhi in February this year, but the court’s order seems to have prima facie accepted the argument that the protests were a conspiracy to cause violence.
Additional sessions judge Amitabh Rawat said there were reasonable grounds for believing that the allegations against Tanha were prima facie true. Tanha was arrested in the case for allegedly being part of a premeditated conspiracy in the riots and is accused of conspiring with Umar Khalid and Sharjeel Imam to “overthrow the government”.
In the order, passed on October 26, the judge noted in “unequivocal terms” that citizens have the freedom to protest, but added that it is subject to reasonable restrictions. “There is also, no manner of doubt, that every citizen can hold an opinion about any legislation which they construe as unfair in their understanding. The freedom and right to protest against any law is available to all citizens,” he said.
The order adds, “What actually has to be seen in the context of the present case is whether there was a conspiracy which led to riots under the guise of protest against CAA or not, in terms of the contents of the chargesheet.”
While the protests against the CAA were largely led by Muslim women, the court’s order describes this as a “facade” behind which the “conspiracy” was hatched.
“The entire conspiracy beginning from December 2019 of intentionally blocking roads to cause inconvenience and causing disrupting of the supplies of services, essential to the life of community of India resulting in violence with various means and then leading to February incident with the focus being targeted blocking of roads at mixed population areas and creating panic and attack on police personnel with facade of women protesters in front and leading to riots would be covered by the definition of terrorist act,” the court’s order said.
“Acts which threaten the unity and integrity of India, in as much as causing social disharmony and creating terror in any section of the people, by making them feel surrounded resulting in violence, is also a terrorist act,” it added.
‘Sufficient incriminating material’
It said the statement of protected witnesses under Section 164 (recording of statement by judicial magistrate) of the Code of Criminal Procedure (CrPC) showed there was sufficient incriminating material against Tanha.
The court added that according to the chargesheet, Tanha had allegedly procured a SIM card on fake ID deliberately, which was later given to co-accused Safoora Zargar and used in JCC Whatsapp group.
“Thus, the accused Asif Iqbal Tanha was closely connected with Sharjeel Imam, Nadeem Khan, Zargar, etc. The accused played a very active role in the entire conspiracy of organizing the so-called protest at the protest sites which resulted in riots, killing numerous people besides injuries and destruction of property,” it said.
The court said at the stage of bail, the statements of witnesses have to be taken at face value and their veracity would be tested at the time of cross-examination.
According to the Indian Express, when Tanha’s lawyer Sidharth Aggarwal argued that the Jamia Coordination Committee or Students’ Islamic Organisation were not designated as terrorist organisations under the UAPA, judge Rawat said: “Acts which threaten the unity and integrity of India, …causing social disharmony and creating terror in any section of the people, by making them feel surrounded resulting in violence, is also a terrorist act.”
Students and general public hold placards during a protest against the Citizenship Amendment Act (CAA) outside Jamia Millia Islamia in New Delhi on December 17, 2019. Photo: PTI/Kamal Singh
“In view of the discussion, since there are reasonable grounds for believing that the accusation against the accused Asif Iqbal Tanha are prima facie true, hence, embargo created by Section 43D of UAPA applies for grant of bail to the accused. Hence, the present application for bail…is dismissed,” it said.
Under section 43 D of UAPA, an accused should not be released on bail or on his own bond if the court was of the opinion that the accusation against such person was prima facie true.
During the hearing, advocates Siddharth Aggarwal and Sowjhanya Shankaran, appearing for Tanha, said the student was not present in Delhi during the riots and did not visit any of the protest sites where rioting and violence occurred.
To this, the court observed, “Moreover, the question of presence of accused at the site in North East Delhi at the time of riots is not a sine-qua-non (essential condition) for a conspiracy case. Hence, the provisions of UAPA have been rightly invoked in the present case.”
To Aggarwal’s argument that there was no physical evidence connecting Tanha to the riots and no allegations with respect to any funds being received by him for terrorist activities, the court said it was “not at all necessary that all the conspirators must know each and every detail of the conspiracy” and that the contention that Tanha had no role in raising funds was “misplaced”, as other accused persons in the case were alleged to have “done this part in the conspiracy”.
Communal clashes had broken out in northeast Delhi on February 24 after violence between citizenship law supporters and protesters spiralled out of control leaving at least 53 people dead and around 200 injured.
(With PTI inputs)