The Supreme Court on
Tuesday dismissed an appeal filed by Delhi Police against granting of bail to
activists Devangana Kalita, Natasha Narwal and Asif Iqbal Tanha in connection
to the 2020 riots in the national capital.
The communal riots that occurred in February 2020
claimed the lives of 53 people and injured more that 700 others.
The apex court in July 2021 had pointed out its
reluctance to consider cancellation of bail granted to the three activists, who
were booked under Unlawful Activities (Prevention) Act (UAPA).
On Tuesday, a bench headed by Justice Sanjay Kishan
Kaul told the Centre's counsel that there is a limit to seeking adjournment and
added that the accused have been enlarged on bail for two years and it finds no
reason to keep this matter alive.
When the Centre's counsel urged the court to take up
the matter again on Wednesday, Justice Kaul said that several adjournments have
been sought so far and nothing survives in the matter.
Referring to bail judgments passed by the high
court, the top court said it is an extremely elaborate order on bail
interpreting provisions of UAPA Act and in its view the only issue, which was
supposed to be examined was whether in the factual scenario accused were to be
granted bail or not.
Justice Kaul made it
clear that while issuing notice in the matter, the court had observed that the
judgments will not be treated as a precedent.
Solicitor General Tushar Mehta, representing Delhi
Police, submitted that there were a large number of personal views in the high
court judgments granting bail to three student activists.
Justice Kaul, in response, said the court had
already observed in its previous order the judgments will not be treated as a
precedent and no further orders are required in the matter.
The bench noted that in the bail order, the court
has to only consider whether the person has to be enlarged on bail or not and
emphasized that 2021 judgments by the Delhi High Court in this case cannot be
used as a precedent on legal position.
The top court was hearing the Delhi Police petitions
against the high court's June 15, 2021 judgments granting bail to the three
activists in a larger conspiracy in the riots case.
Earlier, the top court had said that bail petitions
were being argued at length debating the provisions of the anti-terror law
UAPA.
It had made it clear that the high court judgments
shall not be treated as a precedent and may not be relied upon by any of the
parties in any of the proceedings.