Yesterday, Delhi Police opposed the granting of interim bail to Asif Iqbal Tanha, the accused in a riots case, before the Delhi High Court. The grounds for requesting bail were to enable him to physically attend his graduation examination. (Asif Iqbal Tanha vs State)
The Additional Solicitor General SV Raju submitted before the Single Judge Bench of Justice Manoj Kumar Ohri that numerous people study in jail. Nonetheless, he suggested keeping Tanha in a guesthouse close to the centre of his examination instead of jail. Asif Tanha, studying at Jamia Milia Islamia, is currently in the midst of criminal proceedings, facing charges under the Unlawful Activities (Prevention) Act. He was alleged to have conspired to instigate riots, in February 2020, in the capital’s North-East area.
A Karkardooma trial court, last week, granted him custody parole for three days. His parole covers December 4, 5 to 7. Dissatisfied with custody parole, Tanha moved the High Court last week appealing for his release on interim bail by invoking the High Court’s concurrent jurisdiction. Advocate Sowjhanya Shankaran, the petitioner’s counsel argued before the court that Tanha’s release on interim bail was required in order to enable him to prepare for the examination.
She justified this requirement by submitted that when Tanha had been allowed custody parole on a previous occasion, a lot of time was wasted due to travel from the jail to hid centre of examination. She added that Tanha undertook to surrender following the expiry of the permitted interim bail period. Delhi Police, represented by ASG Raju, Delhi Police opposed the interim bail because, due to the extension of interim orders resulting from the COVID-19 pandemic, interim bail could become permanent. ASG Raju submitted that the trial court was not displaying prejudice against the bail applicant, since he had already been provided access to all required study material for the examination.
He further stated, “A large number of persons study in jail. He would not have asked for time if he had not studied. We will give all material.” The Court asked ASG Raju to return with instructions, following the suggestion that allowed Tanha to stay in a guesthouse.