Delhi riots: High Court reserves order on bail pleas of JNU students in UAPA case
New Delhi: The Delhi High Court Tuesday reserved order on bail pleas of JNU students Natasha Narwal and Devangana Kalita, arrested in connection with the communal riots in north-east Delhi last year.
A bench of Justices Siddharth Mridul and Anup Jairam Bhambhani heard the arguments on behalf of counsel for Narwal and Kalita and reserved its order on the bail petitions.
Advocate Adit S Pujari, appearing for the two students, had argued before the bench that the investigation in the case was "tainted".
Special Public Prosecutor (SPP) Amit Mahajan, representing Delhi Police, had opposed the pleas and claimed that Narwal and Kalita were well aware of the acts being carried out during the riots and that it would lead to consequences which could be disastrous.
Police had contended that they were part of a larger conspiracy to threaten the unity, integrity and harmony of the country.
Narwal and Kalita had filed their appeals challenging a trial court's order dismissing their bail pleas in a Unlawful Activities (Prevention) Act (UAPA) case related to the riots.
Narwal and Kalita, who are also members of Pinjra Tod (break the cage) group, were arrested last year in May in connection with the communal riots in north-east Delhi and are in judicial custody.
They were arrested by the Crime Branch of the Delhi Police and booked under various sections of the Indian Penal Code including rioting, unlawful assembly and attempt to murder.
They have also been booked under the stringent anti-terror law UAPA in a separate case related to the communal violence in north-east Delhi in February last year, for allegedly being part of a "premeditated conspiracy" in the riots.
Communal clashes had broken out in north-east Delhi on February 24, 2020 after violence between the Citizenship (Amendment) Act (CAA) supporters and protesters spiralled out of control leaving at least 53 people dead and around 200 injured.
In all, four cases have been registered against Kalita, including in relation to the northeast Delhi riots and violence in old Delhi's Daryaganj area during protests against the CAA in December 2019.
Narwal is accused in three cases.
Both of them have been granted bail in the other cases except for the one under UAPA.
The trial court had on January 28 dismissed their bail pleas saying the allegations against them were prima facie true and provisions of anti-terror law have been rightly invoked in the present case.
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Speaker Khader dismisses BJP's charges of 'delay' in swearing-in of Jeevaraj as MLA
Bengaluru (PTI): Karnataka Assembly Speaker U T Khader on Wednesday rejected opposition BJP's allegations of delaying the swearing-in of D N Jeevaraj as MLA, asserting that the process was being handled strictly in accordance with constitutional provisions and rules.
BJP candidate Jeevaraj, who had lost the 2023 Sringeri Assembly election to Congress leader T D Raje Gowda, was declared elected late Sunday night after reverification and recounting of postal ballots in compliance with a High Court order.
The recount reduced 255 votes from Gowda's tally, overturning his earlier victory margin of 201 votes and reversing the result.
The recount followed an election petition filed by Jeevaraj.
Addressing reporters, Khader maintained that there was no delay in administering the oath to Jeevaraj, who was declared elected from the Sringeri Assembly constituency after a High Court-ordered recount of postal ballots.
“Where have we delayed? The application was submitted at 11 am. If an application is given in the morning and by evening someone says it’s delayed — how is that a delay?” he said, dismissing the allegations.
The Speaker said the matter involved 'technical issues' that required examination before fixing a date for oath-taking.
“When such a matter comes, we also need to examine it and take a decision as per rules. If an application is given in the morning, at least 24 hours must be given,” he said.
Khader stressed that his role was bound by the Constitution and not influenced by political considerations.
“When an elected MLA asks for time, we must give it under the Constitution and law. Can we refuse? No, we have to give it,” he said, rejecting suggestions that he was acting under party pressure.
He also underlined the need for trust in democratic institutions amid the controversy.
“A democracy and parliamentary system must function on trust. Without that, how can democracy be strengthened? Trust is essential,” he said, cautioning against creating suspicion around constitutional positions.
On claims that the delay was linked to the ongoing political and legal dispute over the recount, Khader said the issue did not fall within his purview.
“My responsibility is to act as per the Constitution and rules. I will ensure that whatever is due to them is done as soon as possible,” the Speaker explained.
He said he had already communicated his position when contacted and would formally inform the concerned parties. “There is no delay, nor any intention to delay. I will discharge my duties as per the Constitution,” he said.
Khader also pointed to possible legal complications in hastily administering the oath.
“If I give the oath to one person and tomorrow the court declares someone else the winner, what happens then? Will it automatically cancel? Will confusion arise?” he asked, indicating the need for due diligence.
On concerns that Jeevaraj had lost over two years of tenure, the Speaker said representation was linked to that constituency rather than an individual.
“Whoever becomes the MLA represents the constituency. Benefits are not given to an individual,” he said, adding that issues of alleged irregularities should be examined by the Election Commission.
The remarks come after the Leader of Opposition BJP in the Karnataka Assembly, R Ashoka on Wednesday accused the Speaker of 'deliberately' delaying the oath and approached Governor Thaawarchand Gehlot seeking intervention, even suggesting that the Governor administer the oath if required.
Chief Minister Siddaramaiah termed the process 'Vote Dacoity' by Jeevaraj and said an FIR has been registered against the newly elected Sringeri MLA.
Defending the recount process, Jeevaraj denied allegations of tampering, while the High Court has stayed an FIR filed against him in connection with the postal ballot issue.
