Delhi High Court Grants Interim Custody Bail To Asif Iqbal Tanha For Preparation And Writing Final Year BA Programme

The Delhi High Court has granted interim custody bail to Asif Iqbal Tanha, facing trial in the Delhi Riots larger conspiracy case, enabling him to sit for his three backlog examinations to complete his BA (Hons.) Programme.

A division bench comprising of Justice Siddharth Mridul and Justice Anup J. Bhambhani granted 14 days interim custody bail to Tanha subject to the conditions that he will stay under the custody of 2 prison guards at the alloted facility, that he shall borne out the cost and that he shall arrange for a laptop computer and a basic mobile phone, not being a smart phone, which would be handed-over to the Special Cell for the purpose of conducting forensic audit upon expiration of the said period..

Tanha will be released on 13th June and his interim custody bail shall end on 26th June.

"Upon a conspectus of the facts and circumstances, 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." The Court ordered.

Interim Custody Bail Conditions For Tanha

Tanha shall stay at the FABHOTEL-LE-GRAND Kalkaji, New Delhi under the custody of 2 prison guards who would be deputed for the purpose by the Jail Superintendent. He shall also bear all charges, costs and expenses for the 2 rooms at the said facility, one to be occupied by him and the other to be occupied by the two deputed prison guards for the entire duration of interim custody bail.

It has been further directed that he shall deposit, in advance, with the concerned Jail Superintendent the sum of Rs.50,000/- (Rs. Fifty Thousand Only) on or before 10th June.

Moreover, the Court has also directed that during the period of interim custody bail, he shall not invite to the said facility any visitors or guests, including family members, friends, classmates or any other person. 

"For his use in the examinations, the applicant shall arrange for a laptop computer, and a basic mobile phone (not a smart phone) through his pairokar, which computer would be handed-over to the SHO, P.S.: Special Cell, for being checked; and after conducting requisite checks, the laptop computer and mobile phone would be delivered to the applicant at the said facility by the SHO, P.S.: Special Cell on 13.06.2021 by 10 a.m. for the applicant's use." the Court has directed.

Furthermore, it has also been directed thus:

"The applicant undertakes that he will not use the laptop computer or the mobile phone or the dongle/mobile hotspot device for any purpose other than for purposes of study, preparations and taking of the said examinations; except that the applicant shall be entitled to make phone calls to his family and/or counsel for upto a total of 10 minutes per day individually (but not with any third party) and not on conference call."

"The applicant will hand-over the laptop computer and mobile phone for forensic audit to the SHO, P.S.: Special Cell, upon expiration of the said period. On their part, the SHO, P.S. Special Cell agrees that at the time the applicant hands-over the laptop computer and mobile phone as aforesaid, there and then, the SHO would provide to the applicant a copy of the entire browsing history/cookies on the laptop computer and of the sms and call records on the mobile phone, through applicant's counsel; and complete the forensic audit and return the laptop computer and mobile phone to the counsel at the earliest, and in any event within 03 weeks of receiving the devices." the order states.

Title: ASIF IQBAL TANHA v. STATE OF NCT OF DELHI

Click Here To Read Order