Source - Bar and Bench
Delhi Police on Wednesday, 2 Dec opposed the grant of interim bail to riots accused, Asif Iqbal Tanha to enable him to physically sit for his graduation examination in case of Asif Iqbal Tanha vs State. Solicitorlicitor General SV Raju told a Single Judge Bench of Justice Manoj Kumar Ohri.
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. It was suggested to keep him in examination centre instead of jail. A trial court at Karkardooma had granted Tanha three-day custody parole i.e. for December 4, 5 and 7 .
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.
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 all material necessary for the examination.
Shankaran also acknowledged that there were no complaints of study material not provided to Tanha in jail. The matter would be heard next on December 3.