New Delhi, Jun 8 (ILNS): Asif Iqbal Tanha, in custody under the Unlawful Activities (Prevention) Act, 1967, has been granted custody bail by the Delhi High Court from June 13 to 26, to prepare for and write his Final Year BA Programme examinations.
The Division Bench of Justices Siddharth Mridul and Anup J Bhambhani, while considering the application, said “It is imperative for the applicant to sit his three remaining backlog/compartment examinations to complete his BA (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.”
Tanha is an under-trial in a case under Sections 147/148/149/120-B IPC at Police Station Crime Branch, New Delhi, to which Sections 13/16/17/18 of the Unlawful Activities (Prevention) Act, 1967 were subsequently added, and which is now being investigated by the PS Special Cell, Lodhi Colony.
Asif sought interim bail for a period of two weeks from June 12 to 26 on the ground that he wishes to prepare and appear for three compartment/ supplementary examinations for completing his final year of BA (Honours) (Persian) Programme at the Jamia Milia Islamia University, New Delhi.
According to the application in the High Court, Asif, a 25-year old student of JMIU, was pursuing his final year of BA (Honours) (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 (Hons) (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 December 3, 2020 made by a single Judge of the High Court, the applicant (Asif Iqbal Tanha) was granted ‘custody parole’ for four days from December 3, to 7, 2020, when he took three exams.
It is clarified that the examinations are in the Open Book format and are to be conducted online; 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 Bench further said, “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 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.
“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,” it added.
“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 read.
It is clarified that even before the commencement of interim custody bail, the applicant was 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, PS, Special Cell. ILNS\SS\SJ\RJ