Delhi High Court grants bail to Asif Iqbal Tanha for BA examination

The Delhi High Court today granted interim custody bail to Asif Iqbal Tanha from June 13 to 26, for preparing and appearing in Final Year BA examination at the Jamia Milia Islamia University, New Delhi.

A Division Bench of Justice Siddharth Mridul and Justice Anup J Bhambhani said, “It is imperative for the applicant to sit his three remaining backlog/compartment examinations to complete his BA (Honours) (Persian) Programme, and based on the terms and conditions as agreed to between the Counsels for the parties, this Court considers it appropriate to grant to the applicant interim custody bail for the period and upon the conditions as set-out.”

The 25-year-old was arrested on May 17 by the crime branch of Delhi Police in the Jamia rioting case. During the anti-CAA (Citizen Amendment Act) protests, violence broke out in New Friends Colony on December 15, 2019.

Asif was arrested under the Unlawful Activities (Prevention) Act, 1967, apart from other relevant Sections of IPC at Police Station Special Cell, Lodhi Colony.

According to the application in the High Court, Asif is a 25-year old student of JMIU, who was pursuing his final year of BA (Hons.) (Persian) Programme, when he was unlawfully arrested and that he has been in continuous custody from the time of his arrest, for a period of more than one year now.

Sowjhanya Shankaran, Advocate for Tanha, stated that having joined the BA (Honours) (Persian) Programme in 2017, Asif should have graduated in July, 2020, but that process has been impeded inter alia by reason of his allegedly unlawful arrest.

It is pointed-out that vidé order dated 03.12.2020 made by a single Judge of the High Court, the applicant (Asif Iqbal Tanha) was granted ‘custody parole’ for 04 days from 03.12.2020 to 07.12.2020, when he took 03 out of

It is clarified that the examinations are in the Open Book format and are to be conducted on-line; whereby the applicant would require access to the reading and study material for the subject in question along with access to a laptop/personal computer or smart phone, and most importantly access to a properly functioning, uninterrupted internet connection, so that there is no impediment to the smooth writing of the examinations.

The division bench comprising of Justice Siddharth Mridul and Justice Anup J. Bhambhani while considering the application “and in particular the fact that it is imperative for the applicant to sit his 03 remaining backlog/compartment examinations to complete his B.A. (Hons.) (Persian) Programme, and based on the terms and conditions as agreed to between counsel for the parties, this court considers it appropriate to grant to the applicant interim custody bail for the period and upon the conditions as set-out”.

“Towards all charges, costs and expenses as aforesaid, to be borne by the applicant as per actuals, the petitioner shall deposit, in advance, with the concerned Jail Superintendent the sum of Rs.50,000/- (Rs. Fifty Thousand Only) on or before 10.06.2021; and also submit proof of such deposit to the SHO, P.S.: Special Cell; which amount shall be applied and adjusted towards actual costs and expenses incurred for the lodging and boarding of the applicant and the two deputed prison guards,” condition for interim bail.

Moreover , during the period of interim custody bail, the applicant shall not invite to the said facility any visitors or guests, including family members, friends, classmates or any other person.

“The applicant further undertakes not to delete, erase or tamper with his browsing history/cookies on the laptop computer, nor any sms or call records, whether incoming or outgoing, from the mobile phone, relating to the period of interim custody bail ” , the order reads.

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It is clarified that even before the commencement of interim custody bail, the applicant is permitted to receive all books and reading/study material, as he may consider necessary, through the Jail Superintendent, after being checked as per usual procedures. During the period of interim custody bail, the applicant shall be entitled to receive all books and reading/study material that he may require for his examinations, at the said facility, which would be delivered to him after being checked by the SHO, P.S.: Special Cell.

Source: ILNS
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