Before the Delhi High Court, Delhi Police today opposed the grant of interim bail to riots accused, Asif Iqbal Tanha to enable him to physically sit for his graduation examination. (Asif Iqbal Tanha vs State)
Additional Solicitor General SV Raju told a Single Judge Bench of Justice Manoj Kumar Ohri,
“A large number of persons study in jail.”
He nonetheless suggested that Tanha could be kept in a guesthouse near the examination centre instead of jail.
Tanha, a student at Jamia Milia Islamia, is facing criminal proceedings under the Unlawful Activities (Prevention) Act for allegedly conspiring to cause riots in the capital’s North-East area in February 2020.
Last week, a trial court at Karkardooma had granted him three-day custody parole i.e. for December 4, 5 and 7 to Tanha.
Invoking the High Court’s concurrent jurisdiction, Tanha moved High Court last week for his release on interim bail instead of custody parole.
Counsel for Tanha, Advocate Sowjhanya Shankaran submitted that Tanha’s release from jail was necessary to enable him to study and prepare for the examination.
She explained that when Tanha was allowed custody parole on an earlier occasion, a lot of time was wasted in travelling to and fro from the jail to the examination centre.
Tanha also undertook to surrender after the expiry of the interim bail period.
Appearing through ASG Raju, Delhi Police opposed the grant of interim bail on the ground that in view of the extension of interim orders on account of COVID-19 pandemic, interim bail would become permanent.
ASG Raju further stated that no prejudice was being caused to Tanha by the trial court order as he had already been granted access to all material necessary for the examination.
“A large number of persons study in jail. He would not have asked for time if he had not studied. We will give all material.”
Shankaran also acknowledged that there were no complaints of study material not being provided to Tanha in jail.
Following the suggestion that Tanha could be keep in a guesthouse, the court asked ASG Raju to come back with instructions.
The matter would be heard next on December 3.