The Supreme Court said the manner in which the HC had interpreted the Unlawful Activities Prevention Act “will probably require examination” by the top court.

The Supreme Court on Friday issued notice on the Delhi Police’s appeals challenging the High Court order granting bail to three activists Natasha Narwal, Devangana Kalita and Asif Iqbal Tanha in the main northeast Delhi riots conspiracy case, stating that the manner in which the HC had interpreted the Unlawful Activities Prevention Act “will probably require examination” by the top court.
“The way it has been interpreted probably will require examination by the Supreme Court,” said a bench of Justices Hemant Gupta and V Ramasubramanian, while also making it clear that, in the meantime, the HC order will not be treated as a precedent and shall not be relied upon by anyone before any court.
The bench, however, did not stay the HC order.
The SC also said it is not interfering with the bail granted to the activists “at this stage”.
Appearing for the Delhi police, Solicitor General Tushar Mehta prayed for stay of the HC judgment stating that it had turned the UAPA and the Constitution on its head.
Mehta said there were statements of the witnesses calling for creating problems during the visit of then US President Donald Trump.
Student activist Natasha Narwal and Devangana Kalita outside Tihar prison in New Delhi on Thursday.Additional Solicitor General Aman Lekhi said the HC had substituted Section 15 of the UAPA by its own test.
The SG said hundreds were injured in the riots, but the court said since the riots were controlled, there was no offence. “That is like saying that though someone places a bomb, the intensity of the offence is reduced because it was diffused by bomb disposal squads,” the SG said.
Opposing stay of the order, Senior Advocate Kapil Sibal said he agreed that it requires examination by the HC but added it is only a bail matter.
Intervening, Justice Gupta said, “Which is why, in a bail application, 100 pages discussing all laws, thats what surprises us.”