"Should This Court Wait Till Right To Speedy Trial Fully Negated?": Delhi High Court While Granting Bail To Delhi Riots Accused Asif Iqbal Tanha

Delivering its verdict in the appeal against rejection of bail of Delhi Riots accused Asif Iqbal Tanha, the Delhi High Court division bench of Justices Siddharth Mridul and Anup Jairam Bhambhani today held that it was of the view that, "no offence under sections 15, 17 or 18 UAPA is made-out against the appellant on a prima facie appreciation of the subject charge-sheet and the. Delivering its verdict in the appeal against rejection of bail of Delhi Riots accused Asif Iqbal Tanha, the Delhi High Court division bench of Justices Siddharth Mridul and Anup Jairam Bhambhani today held that it was of the view that, "no offence under sections 15, 17 or 18 UAPA is made-out against the appellant on a prima facie appreciation of the subject charge-sheet and the material collected and cited by the prosecution, the additional limitations and restrictions for grant of bail under section 43D UAPA do not apply; and the court may therefore fall back upon the usual and ordinary considerations for bail under the Cr.P.C." ASG Aman Lekhi appearing for the State, further argued that the decision of a 3-Judge Bench of the Hon'ble Supreme Court in K. A. Najeeb's case, was made in the "backdrop of an extended period of incarceration of the accused person as an undertrial and there being no likelihood of the trial being completed in a reasonable time," and would not apply while deciding on the question of bail in the present appeal as here, "although the subject charge-sheet has been filed, there are some 740 prosecution witnesses, including public witnesses, protected witnesses, police witnesses cited in it; and trial is yet to commence." The court said that it found that, "the essential aim and intent of the activities, in which the appellant is alleged to have been involved, was to orchestrate and participate in a protest across the city of Delhi to oppose the enactment of the Citizenship Amendment Act, which was perceived as a law intended to deprive members of the Muslim community of citizenship of the Republic of India," and that the allegation is that, "alongwith co-conspirators, the appellant engaged in various steps and actions, the object of which was to organise a protest and take it to a crescendo that would lead to a chakkajam, namely to cause complete stoppage of vehicles and blockade of roads, so that supplies and services to the people of Delhi are adversely affected," and "to spread fear and cause riots."