Thread by @barandbench

Supreme Court bench led by Justice Hemant Gupta to hear appeal by @DelhiPolice challenging the #DelhiHighCourt order granting #bail to Asif Iqbal Tanha, Devangana Kalita and Natasha Narwal in a Delhi Riots case under the Unlawful Activities (Prevention) Act #SupremeCourt #UAPA

.@DelhiPolice has stated that the High Court decided the case on a" pre-conceived & a completely erroneous illusion, as if, the present case was a simpliciter case of protest by students."
#supremecourt #UAPA

Case pertains to @DelhiPolice probe into the "larger conspiracy" that led to the riots in the capital’s North-East area in February 2020 #DelhiRiots

Stories to read for a refresher:

bit.ly/3q5lqxi
bit.ly/3wy3uxM
bit.ly/3gyOeLC
bit.ly/3gJiAKg

Matter to start now
@DelhiPolice #supremecourt #UAPA

Solicitor General Tushar Mehta: in this two matter, third matter contains the lead judgment. It is Asif Iqbal Tanha case. Entire UAPA act is turned on its head along with the Constitution

@DelhiPolice #supremecourt #UAPA #DelhiRiotsCase

Justice Hemant Gupta: since the issue is important and can have a pan India ramification we will issue notice and hear the parties

SG: please stay the order. findings call for acquittal of the accused. others are moving for bail based on this.

SG: With profound respect this incident was caused when president of US was visiting and these people wanted to create a sir during that time

ASG Aman Lekhi: stay is imperative as it imports ambiguity in section 15 of UAPA act and substitute it with a test laid by HC

SC: The way the UAPA act has been interpreted needs to be examine by SC hence notice we are issuing

SG: More than 700 people were injured and more than 40 police officers were a victim. But this means if I put a bomb somewhere and bomb disposal squad diffuses it then it absolves the accused of their crime

Justice Hemant Gupta: in a bail application, a 100 page judgment discussing all laws is very surprising, what we can say is, bail has been granted and they will not be affected but will stay the effect of the HC order
#supremecourt #uapa

Sr Adv Siddharth Aggarwal: all the arguments made in this case was pertaining to the bail order

SG: court has made wide ranging discussions on UAPA. I agree that the delhi high court order be not stayed so that bail to three is cancelled but let it not be a precedent

SG: from when does right to protest include right to hurl bombs and terrorist activity? let them remain out.
#supremecourt

SG Mehta: If i put a bomb and diffuse it then ..

Senior Adv Kapil Sibal: who put these bombs, not these people?

#supremecourt #UAPA

SG: HC says that the intention of parliament in invoking UAPA was to deal with matters of defence of India. nothing more nothing less. It says it only deals with entry 1 list 1. so except under this circumstance if its used then its unconstitutional ?

#supremecourt

SG: so if i kill someone in murderous attempt, then UAPA would not apply since I am not a terrorist? The High court has read it down

SC: we agree since many questions arise since legality of UAPA act did not arise

SG: please stay the order while letting them remain out

Sibal: staying this would mean the order is prima facie stayed. We too also have a lot to say. Let us not do this in kind of fashion. in the meantime let us not treat the hc order as a precedent.

#supremecourt

Justice Gupta: we will say it should not be treated as a precedent

@KapilSibal : SLP has been filed by PS Khushwaha. How is he authorised to file this SLP. This is another constitutional isse

#BREAKING: #SupremeCourt Order

Justice Hemant Gupta: Issue notice. Let the counter be filed in four weeks. list in a non-miscalleneous week starting from July 19. meantime this order will not be treated as a precedent by any party before any court.

#SupremeCourt: Release of the three on bail is not interfered with at this stage

SG: till the matter is decided

Justice Gupta: this is enough. at this stage takes care of it

Justice Gupta: Something that is obvious does not need to be said. In many matters, bails have been canceled. This is not an exceptional case you see.

#supremecourt #uapa #delhihighcourt

[BREAKING] Delhi High Court order in Delhi Riots case not to be treated as precedent, three accused to remain out on bail: Supreme Court

report by @DebayonRoy

#DelhiRiots #DevanganaKalita #NatashaNarwal #AsifIqbalTanha #SupremeCourt

Full story here: bityl.co/7OoF