“The trial court docket is directed to ahead the unique unredacted statements of protected witnesses in a sealed cowl to this court docket on or earlier than the following date of listening to, that’s, April 14,” the bench mentioned.
With this path, it allowed and disposed of an utility by Delhi Police searching for to name for unredacted statements of protected witnesses in a sealed cowl from the trial court docket.
Names and private particulars of protected witnesses are redacted of their statements.
The excessive court docket, which had on March 18 reserved its order on Tanha’s plea searching for bail within the case, had requested the police to file written submissions, unredacted copies of witnesses statements and different related paperwork.
When the court docket requested how is it potential that the prosecution doesn’t have copies of statements of its witnesses, Particular Public Prosecutor Rajat Nair, representing the police, mentioned these are protected witnesses and the unredacted copies are with the trial court docket solely.
He mentioned when the investigating officer had utilized for cover of witnesses, the statements had been signed and sealed by the trial court docket choose and redacted copies got to the IO.
Tanha was arrested underneath the stringent Illegal Actions (Prevention) Act within the case in Could final 12 months for allegedly being a part of a “premeditated conspiracy” within the riots.
Tanha has challenged a trial court docket’s October 26, 2020 order by which his bail utility was dismissed on the bottom that he allegedly performed an energetic function in the whole conspiracy and that there have been cheap grounds for believing that the allegations towards had been prima facie true.
Within the excessive court docket, the bail plea was opposed by the Delhi Police on the competition that the riots had been premeditated and a conspiracy was hatched of which Tanha was a component.
The counsel for police had mentioned the accused shouldn’t be granted bail as there have been statements of protected witnesses within the case which clearly confirmed the alleged function of Tanha within the conspiracy.
Tanha’s counsel had submitted that they’ve challenged the refusal to grant him bail and added that the accused shall be granted the aid as he has been in custody since Could 2020 and even the cost sheet has been filed.
The trial court docket, in its order of October 26 order final, had mentioned that since there have been cheap grounds for believing that the accusations towards Tanha had been prima facie true, therefore, the embargo created by Part 43D of UAPA utilized for grant of bail to the accused and the bail utility was dismissed.
Beneath part 43 D of UAPA, an accused shouldn’t be launched on bail or on his personal bond if the court docket was of the opinion that the accusation towards such individual was prima facie true.
Tanha’s counsel had claimed earlier than the trial court docket that he was not current in Delhi throughout the riots and didn’t go to any of the protest websites the place rioting and violence occurred.
The counsel had additional contended that there was no bodily proof connecting Tanha to the riots and no allegations with respect to any funds being obtained by him for terrorist actions.
Communal clashes had damaged out in northeast Delhi on February 24 final 12 months after violence between citizenship legislation supporters and protesters spiralled uncontrolled leaving a minimum of 53 folks useless and round 200 injured.