Delhi Riots: Delhi High Court Directs Shifting Of Jamia Student Asif Iqbal Tanha To Guest House For Writing Exams

The Bench of Justice Manoj Kumar Ohri was hearing an application filed by Tanha under Section 439 Cr.P.C. read with Section 43D(5) of the Unlawful Activities (Prevention) Act seeking interim bail for a period of one week for the purpose of appearing in his examinations.

Case against Asif Iqbal Tanha

It may be noted that in May 2020, the 24-year-old student of Jamia Millia Islamia, Asif Iqbal Tanha was arrested by the Delhi Police in connection with the violence in North East Delhi in February 2020 [under the Unlawful Activities (Prevention) Act].

"He is a close associate of Umar Khalid, Sharjeel Imam, Meeran Haider and Safoora [Zargar] who had been the key members of anti-CAA protests and subsequent riots in the national capital," an official had said.

Submissions put forth

The Counsel for the petitioner submitted that he has to appear in the Compartmental Exams for B.A.(Hons.) (Persian) at Jamia Milia Islamia University, being held from 04.12.2020 to 07.12.2020.

Earlier, vide order dated 26.11.2020 passed by the learned Addl. Sessions Judge, the petitioner was granted custody parole for appearing in the aforesaid examinations on 04.12.2020, 05.12.2020 and 07.12.2020.

However, by way of the instant petition, the petitioner prayed that rather interim bail be granted for a period of one week.

The same was vehemently opposed by the respondent/State. It was stated that the interim bail ought not to be granted to the petitioner, as the same would amount to a regular bail in view of orders passed in, especially in view of COVID-19 pandemic

Rather, the State suggested that Tanha could be permitted to stay in a guest house in judicial custody during the examination period. The said suggestion was accepted by Tanha's counsel.

Court's Order

In view of the aforesaid facts and circumstances, the Court directed,

"The concerned Jail Superintendent shall make necessary arrangements to take the petitioner to Hotel, today itself. The petitioner is also permitted to carry along with him the reading material which has already been provided to him and in case, any further reading material is required; the same shall also be permitted to be given to the petitioner in the aforesaid guest house."

Further, the Court also directed,

"It shall be the responsibility of the concerned Jail Superintendent to ensure that the petitioner reaches the examination centre on the aforesaid dates at 8:30 a.m. and shall be brought back to the aforesaid guest house after the examination. After his last exam on 07.12.2020, the petitioner shall be brought back to the concerned Jail."

Apart from this, the Court also permitted Tanha's Counsel to speak to Tanha once a day during the aforesaid period.

Case title - Asif Iqbal Tanha v. State (GNCTD Of Delhi) [BAIL APPL 3764/2020

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