N-E Delhi riots: HC orders shifting Tanha to Lajpat Nagar guest house for exams

The Delhi High Court Thursday directed Tihar jail authorities to “forthwith” take Jamia Millia Islamia (JMI) student Asif Iqbal Tanha — arrested in connection to the conspiracy case related to the north-east Delhi riots — to a guest house in Lajpat Nagar in order to enable him to study and appear for his BA (Persian) examinations that begin from Friday.

The Delhi High Court Thursday directed Tihar jail authorities to “forthwith” take Jamia Millia Islamia (JMI) student Asif Iqbal Tanha — arrested in connection to the conspiracy case related to the north-east Delhi riots — to a guest house in Lajpat Nagar in order to enable him to study and appear for his BA (Persian) examinations that begin from Friday.

Delhi high court (File photo)

Justice Manoj Kumar Ohri also asked the jail superintendent to permit the accused to take study material with him and provide him with other teaching material, if required. The court asked the authorities to take Tanha to the guest house as suggested by the police and agreed to by his counsel.

The court said it would be the responsibility of the jail superintendent that from the guest house, the accused is taken to the examination centre at JMI university at 8:30am on December 4, 5 and 7 and brought back.

Tanha, a third-year student of BA in Persian language, was arrested in connection with the violence in Jamia area during a protest against the Citizenship Amendment Act (CAA) in December last year.

The court also allowed Tanha to make a phone call to his counsel for 10 minutes once a day during his stay at the guest house.

Earlier, on November 26, a city court had granted him three-day custody parole to appear in compartment/ supplementary exams of BA Persian (Hons). However, not satisfied with this on the grounds that his entire day will be wasted and he will not be able to study, Tanha, through his counsel Showhanya Shankaran, moved the high court seeking interim bail.

On Wednesday, ASG Raju had opposed the interim bail plea stating that no such relief ought to be granted to Tanha and suggested that he can be permitted to stay in a guest house, under judicial custody till his exams get over on December 7.

The state, also represented through advocate Amit Mahajan, suggested four places which will be guarded by security officials and the petitioner’s counsel accepted the guest house at Lajpat Nagar.

Tanha’s counsel told the court that they are ready to give an undertaking to surrender immediately after the exams and that he would not seek the benefit of full court’s Covid-19 orders in which interim bails were granted to prisoners and regularly extended.

Communal clashes had broken out in northeast Delhi in February killing 53 people and leaving over 400 injured.