Delhi Police Appeal Against Bail Granted To Devangana Kalita, Natasha Narwal and Asif Iqbal Tanha : Live Updates From Supreme Court

Bench clarifies that the release of the accused on bail is not interfered at this stage.

Bench dictates the order :

"Issue notice. Counter affidavit be filed within 4 weeks. List in the week on a non miscellaneous day commencing from July 19. In the meantime the impugned judgment shall not be treated as a precedent and will not be relied on by any of the parties before any court".

Sibal says that the SLP is not maintainable as it is not filed by the competent officer.

SG : Is this your best point?

Sibal : We have a lot to say.

Justice Hemant Gupta : We will add one more line. This will not be treated as a precedent and this will not be relied on by any parties.

Sibal : Your lordships may say this judgment need not be treated as a precedent and post the matter for hearing on a near date.

Solicitor General : If I kill someone in a murderous attempt, then UAPA will not apply even if I’m a terrorist, as per this judgment

Bench : We agree with you that many questions arise. Because legality of the UAPA was not challenged. I

SG : It was only a bail order..

Solicitor General : If this judgment is to stay, the lady who assassinated the Prime Minister is also innocent, because in her mind also, she was only protesting.

Sidharth Agarwal takes objection to this remark by the SG.

Bench asks Agarwal to wait for his turn.

SG: The High Court says this. Right to protest, how does it include right to kill people ? I am reiterating my request for stay. Let them go, let them remain out.

SG reads out the portions of the High Court which talk about blurring right to protest and terrorist activity.

SG: The Court made wide-ranging observations when so many people died. Please stay the judgment. Let them (student activists) remain out.

Bench: If we say that it doesn’t have precedent value, then it will be good enough.

Sr. Adv. Siddharth Aggarwal: In the same FIR, another co-accused was granted bail. The Court had carved out an order which said that all the -

Lekhi: The order is not restricted to the facts of the case.