Delhi HC finally grants bail to Asif Iqbal, Devangana Kalita, Natasha Narwal

News Network
June 15, 2021

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New Delhi, June 15: A division bench of Justices Sidharth Mridul and Anup Jairam Bhambhani of the Delhi High Court today allowed bail to Asif Iqbal Tanha and Pinjra Tod activists Natasha Narwal and Devangana Kalita in the Delhi riots larger conspiracy case under UAPA.

Bail is subject to personal bond of Rs 50,000 and two local sureties. Conditions for bail include the three surrendering their passports and not indulging in activities that would hamper the case.

Narwal and Kalita, PhD scholars at Jawaharlal Nehru University, associated with the Pinjra Tod Collective, have also been in custody since May 2020. Recently Narwal was allowed interim bail to attend the last rites of her now deceased father.

The Delhi High Court earlier reserved orders in Jamia Millia Islamia student, Asif Iqbal Tanha's appeal against the rejection of his bail in connection with a case related to larger conspiracy in Delhi Riots that broke out last year.

A division bench comprising of Justice Siddharth Mridul and Justice Bhambhani reserved the order.

Tanha has challenged an order dated 26th October 2020 dismissing his bail plea who was arrested under the stringent UAPA. Additional Sessions Judge Amitabh Rawat rejected the bail application after prima facie observing that the case was maintainable against Tanha and that he allegedly played an active role in the entire conspiracy.

Advocate Siddharth Agarwal appeared on behalf of the accused, Tanha whereas Aman Lekhi appeared on behalf of the State authorities before the Delhi High Court.

In the FIR 59/2020, which was lodged by Delhi Police in the Delhi riots conspiracy case, a total of 15 people were named and Tanha, Narwal and Kalita were part of them. The police claimed that Tanha played an active role in orchestrating the protests against the Citizenship Amendment Act.

It was also alleged he is a close associate of Safoora Zargar, Umar Khalid, Sharjeel Imam and others, and thet he is a "key members of anti-CAA protests and subsequent riots in the national Capital". It was also submitted that Tanha conspired, along with others, to "overthrow the Government" by setting up a chakka jam (road blockade) in Muslim-dominated areas.

Police also claimed that Tanha purchased a mobile SIM card by using fake documents and the same was used in planning the chakka jaam, riots etc and it was used to create a WhatsApp group. It was also claimed that the SIM was subsequently provided to another Jamia student and co-accused Safoora Zargar to organise further protests.

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News Network
November 12,2024

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Mysuru, Nov 12: Zameer Ahmad Khan, the Tourism and Waqf minister of Karnataka, who stirred a controversy by addressing the Union Minister HD Kumaraswamy as ‘Kaala Kumaraswamy’ has tendered apologies for his remarks.

Speaking to reporters in Mysuru on Tuesday, Minister Zameer stated that he will apologise if remarks have hurt JD-S workers.

“We both are very close. Then, in a total of 24 hours, we were together for 14 hours. He used to fondly address me as “kulla” (shorty) and I used to address him as “kariyanna” (blacky, kaalia),” Minister Zameer stated.

“I am not addressing him as ‘kaalia’ for the first time. I have not said something highly derogatory. It is being made as big in the backdrop of elections. With love, he used to call me a shorty and I called him a blacky. If I had caused pain to anyone by my words I apologise,” he said.

He further stated: “Kumaraswamy had said that he didn’t want the votes of the Muslim community. But now they are attempting to purchase Muslim votes. Against this backdrop, I have made the remark.”

Minister for Home G. Parameshwara stated on Tuesday, “Minister Zameer and Kumaraswamy are close friends. Their comments against each other are not significant.”

Zameer Ahmad Khan, the Tourism and Waqf minister of Karnataka stirred a controversy on Monday as he addressed the Union Minister as ‘Kaala Kumaraswamy’.

JD-S on Tuesday demanded a public apology and resignation of Minister for Waqf and Tourism Zameer Ahmad Khan over his ‘racist’ remarks.

“Remember, there is no place here for your divisive policies. You have insulted the people by making ethnic, racist and discriminatory statements. You should apologize to the people of the state and resign,” the JD (S) demanded in the post.

Union Parliamentary Affairs and Minister for Minority Affairs Kiren Rijiju reacted sternly to the racist jibe and stated, “I strongly deplore Congress Minister Zameer Ahmed calling Union Minister and former Chief Minister of Karnataka Kumaraswamy as 'Kaalia Kumaraswamy'.

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News Network
November 13,2024

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New Delhi: The Supreme Court took a firm stance on ‘bulldozer justice’ today, affirming that the Executive cannot bypass the Judiciary and that the legal process must not prejudge the guilt of an accused. In a significant judgment, the bench led by Justices BR Gavai and KV Viswanathan set new guidelines for demolition practices, responding to petitions challenging the controversial bulldozer actions taken against individuals accused of crimes.

The rise of this practice, termed 'bulldozer justice,' has seen authorities in various states demolish what they claim to be illegal structures belonging to accused individuals. However, multiple petitions questioned the legality and fairness of this approach, bringing the matter before the court.

Justice Gavai highlighted that owning a home is a cherished goal for many families, and an essential question was whether the Executive should have the authority to strip individuals of their shelter. “In a democracy, the rule of law protects citizens from arbitrary actions by the state. The criminal justice system must not assume guilt,” stated the bench, underscoring that due process is a fundamental right under the Constitution.

On the principle of separation of powers, the bench reinforced that the Judiciary alone holds adjudicatory powers and that the Executive cannot overstep these boundaries. Justice Gavai remarked, “When the state demolishes a home purely because its resident is accused of a crime, it violates the doctrine of separation of powers.”

The court issued a strong warning about accountability, stating that public officials who misuse their power or act arbitrarily must face consequences. Justice Gavai observed that selectively demolishing one property while ignoring similar cases suggests that the aim might be to penalize rather than enforce legality. “For most citizens, a house is the product of years of labor and dreams. Taking it away must be an action of last resort, thoroughly justified,” he said.

In its directives under Article 142 of the Constitution, the Supreme Court established new demolition guidelines. These include:

Mandatory Show-Cause Notice: No demolition should occur without first issuing a show-cause notice. The person served has a minimum of 15 days or the duration stated in local laws to respond.

Transparency of Notice Content: The notice must include specifics about the alleged unauthorized construction, the nature of the violation, and the rationale for demolition.

Hearing and Final Order: Authorities are required to hear the response of the affected individual before issuing a final order. The homeowner will have 15 days to address the issue, with demolition proceeding only if no stay order is obtained from an appellate authority.

Contempt Proceedings: Any breach of these guidelines would lead to contempt proceedings. Officials who disregard these norms will be personally accountable for restitution, with costs deducted from their salaries.

Additionally, the court mandated that all municipal bodies establish digital portals within three months, displaying show-cause notices and final orders on unauthorized structures to ensure public transparency and accountability.

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News Network
November 19,2024

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