Thread by @lawbarandbench

Supreme Court to shortly hear appeal by the Delhi Police against High Court order granting bail to Asif Iqbal Tanha, Devangana Kalita and Natasha Narwal in a Delhi Riots case under the UAPA.

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Senior Advocate Kapil Sibal: SLP was already decided, that observations will not influence trial. Everytime this matter is adjourned, SG seeks time. We were granted bail 2 years ago.

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Counsel for ASG SV Raju: Please accomodate, Mr Raju will ...

SC: No, no. Not everytime. Today is a good day you argue. Tomorrow as you know is CB.

Sibal: We have been on bail since two years. Last time also ...

SC rejects adjournment request again.

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Justice Kaul: The 2020 SLP is not on record?

Justice Amanullah: I will WhatsApp it ... (Tries). Just take it outside and do, not getting signal here.

Counsel: If we could please be accomodated ...

Justice Kaul: No no.

SC: It is our indulgence earlier that has created this. Earlier SC did not grant such requests. Do not interrupt proceedings now.

Justice Kaul: I have sent it (Feb 23, 2020).

Order: SLP is dismissed. In conformity with April order, we note that the trial shall not be influenced by the observations in the High Court's order.
We had already said it may not be treated as precedent more so because of elaborate...

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Order: discussion on merits. We are thus of the view that no further orders are required. We note that once again for the nth time a request for adjournment was made. Nothing survives in the matter really and so we are not willing to accomodate.

SG: My lords...
SC: No.

SG: ld judge has in effect declared UAPA unconstitutional. I can read.

SC: We have said you are protected.

SG: If that can continue

SC: We have noted. That is all.

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SC reiterates that bail hearings should not be long and the earlier orders of not treating the order under challenge as precedent will continue.

Justice Kaul: judges have to silence layers then (on prolonged hearings on merits in a bail case).

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SC adds to order: The impugned order goes at length and enunciates on the law. In such bail hearings only the aspect of whether they can be granted the same needs to be considered. We see no reason to keep the current proceedings alive.

[Application of a co-accused also...

SC: [...disposed of saying court to consider the same on own merits]

Order: Purpose of interim order was to ensure that interpretation and views on a law should not be enunciated in bail hearing. We make it clear that we have not gone into legal position of law's statutory interpretation one way or the other.

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SG again seeks explicit observation against it being cited;

SC: Anyways even in general bail hearings only on parity they can be cited.

SG: I cannot go beyond this. It is very unfortunate.

SC: You are testing my patience Solicitor. The orders are coming because of the length of bail hearings.

SG: We will have to respond when Petitioner says...

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SG: Please take care of my apprehension.

SC: We are very clear.

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Justice Kaul: I will be checking it again.

SC: Kindly do that and take care of that.

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