The top court had refused to stay the high court’s decision but agreed to hear the appeals filed by the police and issued notices to JNU students Natasha Narwal and Devangana Kalita and Jamia Millia Islamia University student Asif Iqbal Tanha. Asked them for answers.
This clarification was given by the court on June 18
The top court, in its June 18 order, had clarified that there was no interference at this stage in the release of these students on bail. The petitions will be heard on Thursday by a bench of Justice Sanjay Kishan Kaul and Justice Hemant Gupta.
Solicitor General Tushar Mehta had argued that the High Court had overturned the entire UAPA while granting bail to three student activists. Taking note of this, the bench had said, “This issue is important and it can have ramifications all over India. Mehta had said that 53 people were killed and over 700 were injured during the riots when the then US President and other dignitaries were here.
The High Court had observed that although the definition of “terrorist act” in Section 15 of the UAPA is broad and somewhat vague, it must contain essential characteristics of terrorism and the unimpeded use of the phrase “terrorist act” should be considered for criminal acts. Cannot be allowed which clearly fall within the purview of the Indian Penal Code.
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