[Delhi Riots bail case] Cannot hear bail matters at length, time is limited: Supreme Court observes

The Supreme Court on Thursday observed that it was "troubled" at the fact that bail matters were being heard at length by the apex court, even as "time is limited.".The Bench of Justices Sanjay Kishan Kaul and Hemant Gupta made the observation while hearing the appeal of Delhi Police challenging the Delhi High Court's order granting bail to Pinjra Tod activists Devangana Kalita and Natasha Narwal and Jamia student Asif Iqbal Tanha in a Delhi Riots case.."The bail proceedings were not in the nature of final adjudicatory proceedings. Prima facie call has to be taken whether bail has to be granted or not. This has troubled us many times. Bail matters are heard at length in trial courts, High Courts and here. You can't do it here. We propose to hear this matter for only a couple of hours," said Justice Kaul..The hearing was adjourned by four weeks after Senior Advocate Kapil Sibal, appearing for the respondents, sought time since the chargesheet ran into 20,000 pages and that they did not have the "wherewithal" to get the same printed. While adjourning the case, the Court allowed the chargesheet to be placed on record on a pen drive. .Before adjourning the case, the Bench sought to know whether the Delhi Police wanted the bail granted to Kalita, Narwal and Tanha to be cancelled or whether it had reservations about the observations made by the High Court regarding the Unlawful Activities (Prevention) Act (UAPA)..Solicitor General Tushar Mehta and Additional Solicitor General Aman Lekhi submitted they were challenging both, and requested that the matter be heard after four weeks..Referring to the High Court's observations in the bail order, the Bench said,"Prima facie in bail matter, maybe all these need not be examined, but ultimately all these are observations. You are making us say all this. You are not letting me speak. I am saying something but you are not willing to listen. I am trying to segregate the case. One is bail and one is observations. So I want to know what is troubling you," said the Bench. .The Court then made it clear that it would distil the issues since it will not be hearing this case at length..Justice Kaul also observed that one "cannot delete provisions of a law while dealing a bail matter...".Last month, the Delhi Police had approached the apex court challenging the High Court order granting bail to Delhi Riots accused Kalita, Narwal and Tanha.The Court had refused to cancel the bail granted to the three student activists, but made it clear that the High Court judgment will "not to be treated as precedent by any court" to give similar relief..The Police contended that the UAPA has been "turned upside down" by the High Court while granting bail in the case and that the issue can have pan-India ramifications. It was also stated that the High Court "not only conducted a mini-trial but has also recorded perverse findings which are contrary to record" and almost decided the case while adjudicating bail pleas..[BREAKING] Delhi High Court order in Delhi Riots case not to be treated as precedent, three accused to remain out on bail: Supreme Court.The High Court had on June 15 granted bail to the three student activists saying in "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"..[DELHI RIOTS] Foundations of our nation can't be shaken by protest by college students; UAPA not for usual offences: Delhi High Court

[Delhi Riots bail case] Cannot hear bail matters at length, time is limited: Supreme Court observes

Debayan Roy

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