The euphoria over the release of the three student activists after one year of their stay in Tihar jail is being re assessed just within 24 hours of granting their bail, after the Supreme Court stated on June 18 that the manner in which the HC had interpreted the Unlawful Activities Prevention Act “will probably require examination” by the top court and the HC order will not be treated as a precedent and shall not be relied upon by anyone before any court. The three students who were feeling acquitted and free have suddenly been made to realise that they continue to be suspect in the eyes of the law.
The apex court might be correct in its observation but the possibility of this being misused by the Delhi police for arresting the three student activists Asif Tanha, Natasha Narwal and Devangana Kalita again cannot be outright ruled out. Though the High Court’s order was seen as a welcome effort “to prevent our civil liberties from being swallowed up by the black hole of state power”, a desperate Delhi police which from the beginning has been creating obstacles in their path of release armed with the observation of the apex court would implicate them fresh.
The SC said it is not interfering with the bail granted to the activists “at this stage”. It obviously implied that it can do in future if the need arises. This observation of the apex court simply provided strength to the argument of the Solicitor General Tushar Mehta that the HC judgment had turned the UAPA and the Constitution on its head. The statement of the court ‘Students can stay out of jail for now’ is not assuring.
The students' bail is fine, but HC’s views on terror law need scrutiny, said the Supreme Court. They would continue to be on tenterhooks. They will be denied of their right to lead a free life. They will always be scared of the Delhi Police; when it would descend at their doors.
It is significant that the three students have also been served notices by the Supreme Court. “It is clarified that release of the respondents (Narwal, Kalita and Tanha) on bail is not interfered with at this stage,” the bench said.
The release of the three activists has hurt the ego of the Delhi police and it is evident in their relentless move to get their bail cancelled. It was part of their efforts that they argued before the Supreme Court that the order of the HC has weakened the impact of the UAPA. In fact, the HC had pointed out that the definition of “terrorism” in Section 15 of the UAPA is vague, and has been used as a licence to classify all kinds of infractions as terrorist. This order will put more spotlight on how individuals are charged under the provisions of the UAPA.
No doubt the High Court devoted 100 pages top write its order, the fact remains that it has exposed the design of the Delhi police to keep any social activists inside the jail purely with the motto to ruin his or her life. This is certainly an act of trampling with the spirt of delivering justice. Senior advocate Kapil Sibal, appearing for the student activists, was absolutely right in saying that no doubt the apex court should consider the ramifications and interpretation of the UAPA so that there is a judgement on the issue from the top court.
It is nice that Supreme Court has expressed the view to re-examine the interpretation of the UAPA by the Delhi High Court. Astonishingly the Delhi and Uttar Pradesh police have been projecting the UAPA as the most sacred statute which cannot be reviewed. The arbitrary manner in which the Delhi police has been using the law must end. Nevertheless, the apex court must take up the task of re-examination at the earliest as any delay would simply embolden the police to misuse it.
The decision of the Supreme Court to re-examine the case will augur well as it would expose the nefarious design of the Delhi and UP police to falsely implicate the opponents of the ruling party. One nevertheless expects that while re-examining the UAPA, if the apex court finds out that the law was indeed misused, then it should also strictly penalise the erring officials.
The apex court found fault with the Delhi HC’s handling the case of bail for the three students, but the fact remains that the HC has exposed the lack of merit of the case during the bail hearing. The HC order has unravelled how individuals are recklessly booked under the provisions of the draconian UAPA.
