2020 Delhi riots: We don't believe in unnecessarily keeping people behind bars, says SC
New Delhi (PTI): "We don't believe in unnecessarily keeping people behind the bars," the Supreme Court observed on Tuesday while hearing the pleas filed by the Delhi Police against the bail granted to three student activists in a case of the 2020 North East Delhi riots.
A bench headed by Justice S K Kaul said spending hours hearing the bail petitions in the case was a "complete wastage" of time of the Delhi High Court.
The bench, also comprising Justices A S Oka and J B Pardiwala, was hearing the pleas filed by the police challenging the Delhi High Court's June 15, 2021 verdicts granting bail to activists Natasha Narwal, Devangana Kalita and Asif Iqbal Tanha in the case related to communal violence during the protests against the Citizenship Amendment Act (CAA).
At the outset, advocate Rajat Nair, appearing for police, requested the bench to post the petitions for hearing after two weeks, saying Solicitor General Tushar Mehta, who is leading him, is arguing before a Constitution bench in a separate matter.
"We have a case that bail granted by the high court should be cancelled," he said.
The bench, while noting that the Solicitor General is arguing in a matter before a Constitution bench, posted the pleas for hearing on January 31.
The apex court observed that in bail matters, the moment one goes into the merits of the case, the hearing gets prolonged.
One of the advocates, appearing for the accused, said in this matter, the police had argued on the merits before the high court.
Nair said the police had only answered the question put by the high court as to whether the act committed by the accused is an act of terror or not.
"You have spent hours in bail matters. It is complete wastage of time of the high court. You want a full trial in bail matters? This I don't understand," Justice Kaul observed.
During the hearing in the matter on July 2021, the apex court had indicated its reluctance to consider the aspect of cancellation of bail granted to the three activists, who were booked under the provisions of the stringent anti-terror law -- Unlawful Activities (Prevention) Act (UAPA).
It had termed as troubling that the bail petitions were being argued at length debating the provisons of the law.
The apex court had earlier expressed its displeasure over the high court discussing the entire anti-terror law UAPA in a bail matter and made it clear that the judgements shall not be treated as a precedent and may not be relied upon by any of the parties in any of the proceedings.
The top court, which had agreed to hear the appeals filed by police and issued notices to the three, had refused to stay the high court verdicts.
It had also clarified that the release of the three activists on bail was not being interfered with at this stage.
Earlier, Mehta had argued that 53 people had died and over 700 were injured during the riots which took place at a time when the then US president and other dignitaries were in the national capital.
The high court had said although the definition of a 'terrorist act' in section 15 of the UAPA is "wide and somewhat vague", it must partake the essential character of terrorism and that the phrase 'terrorist act' cannot be permitted to be applied in a "cavalier manner" to criminal acts that squarely fall under the purview of the Indian Penal Code.
The Delhi Police had assailed the HC verdicts, saying the interpretation by the high court will weaken the prosecution in terror cases.
The high court had granted them bail, saying in an anxiety to suppress dissent the State has blurred the line between the right to protest and terrorist activity, and if such a mindset gains traction, it would be a "sad day for democracy".
Kalita, Narwal and Tanha are accused in four, three and two cases related to the communal riots that broke out on February 24, 2020.
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2nd phase of Bengal poll: 39.97 per cent polling till 11 am amid sporadic violence
Kolkata (PTI): Nearly 40 per cent of the 3.21 crore electors voted till 11 am of the second phase of polling in West Bengal amid sporadic violence, while tension gripped the Bhabanipur seat briefly as Chief Minister Mamata Banerjee and Suvendu Adhikari took swipes at one another in the same booth area.
Voters queued up from 7 am outside booths in Kolkata, Howrah, Hooghly, Nadia, North and South 24 Parganas and Purba Bardhaman districts, which form Bengal's electoral and political core.
Of the total electorate eligible to vote in this phase, 1.57 crore are women, and 792 are third-gender.
Till 11 am, West Bengal recorded 39.97 per cent polling with Purba Bardhaman registering the highest turnout at 44.50 per cent, followed by Hooghly at 43.12 per cent and Nadia at 40.34 per cent.
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Howrah recorded 39.45 per cent polling, while North 24 Parganas registered 38.43 per cent. Kolkata North and Kolkata South recorded 38.39 per cent and 36.78 per cent turnout, respectively.
South 24 Parganas, a politically crucial district witnessing several high-profile contests, recorded 37.9 per cent voting.
The first phase of polls in 152 Assembly seats of West Bengal on April 23 also recorded more than 41 per cent polling till 11 am.
"Polling is underway peacefully, barring some minor incidents in certain areas. We have sought reports from the officials concerned," a poll panel official said.
The early-morning convergence of Banerjee and Adhikari at the same booth area in Chakraberia turned Bhabanipur -- the chief minister's electoral bastion -- into the centrepiece of the day, reinforcing the symbolic weight of their prestige battle seen as a rematch of Nandigram, where the BJP leader had defeated her in 2021.
Banerjee was already seated outside the booth after receiving complaints of alleged intimidation of local TMC leaders when Adhikari arrived there amid heavy deployment of central forces.
Stepping out of his car, Adhikari declared, "I will not allow any hooliganism", while Banerjee accused the BJP of trying to "rig" the election using central forces, police observers and election officials.
"BJP wants to rig this election. Polls in Bengal are usually peaceful. Is there goonda raj here?" Banerjee told reporters, alleging CRPF personnel had visited the homes of TMC leaders late Tuesday night and unleashed terror in the area.
She alleged that election observers were acting at the BJP's behest and claimed TMC workers were being selectively targeted across districts.
Adhikari dismissed the charges as signs of "frustration", claiming Banerjee had realised that "not a single vote" was coming her way.
Banerjee, who usually steps out of her Kalighat residence late in the day to cast her vote at Mitra Institution School, broke convention and hit the ground before 8 am, moving through Chetla, Padmapukur and Chakraberia, underlining the stakes attached to Bhabanipur and the wider battle for south Bengal.
Reports of violence, vandalism and tension surfaced from several districts.
In Nadia district's Chapra, a BJP polling agent was allegedly assaulted inside a booth during a mock poll. The BJP accused TMC supporters of attacking its agent, while the ruling party denied the charge. In Shantipur, a BJP camp office was found vandalised.
In South 24 Pargana's Bhangar, the ISF alleged that its polling agents were prevented from entering booths.
Howrah's Bally constituency saw tension at a booth in Liluah after an EVM malfunction delayed voting, prompting central forces to lathi-charge agitated voters. Two people were arrested in the matter.
Police and RAF personnel were also seen chasing away crowds near a booth in Amdanga following complaints of unlawful gathering by bike-borne supporters.
In Panihati, BJP candidate Ratna Debnath, the mother of the RG Kar victim, faced protests and her car was allegedly stopped by TMC workers, while in Jagaddal, the recovery of a firearm near a polling booth triggered tension before police and central forces restored order.
BJP candidate from Basanti assembly constituency in South 24 Parganas, Bikash Sardar, on Wednesday, alleged that "200-250 TMC goons" attacked his car and assaulted his driver when he was visiting polling booths in the constituency.
The TMC did not immediately respond to the allegations.
Unlike the first phase, where the BJP sought to defend its north Bengal gains, the final round has shifted the battle squarely to the TMC's strongest belt.
In 2021, the ruling party had won 123 of these 142 seats, leaving just 18 for the BJP and one for the ISF. For the BJP, breaching this southern fortress remains critical if it hopes to mount a serious challenge for power in the state.
