Arguing his bail plea in the riots conspiracy case before additional sessions Judge Amitabh Rawat, his lawyer referred to the supplementary charge sheet filed in the case and said that the police wished to paint every accused with the same brush while adding tadka (flavour) to it.
The high court on Tuesday had granted bail to two Jawaharlal Nehru University students Natasha Narwal and Devangana Kalita and a Jamia Millia Islamia student Asif Iqbal Tanha saying in its anxiety to suppress dissent, the State has blurred the line between right to protest and terrorist activity and if such a mindset gains traction, it would be a "sad day for democracy".
The police can now name them in their supplementary charge sheet, an official said. In a late evening statement, the government said that this is a purely procedural matter, adding that the elected government has no role to play in this.
"Having given our anxious consideration to this aspect of 'likelihood' of threat and terror, we are of the view that the foundations of our nation stand on surer footing than to be likely to be shaken by a protest, however vicious, organised by a tribe of college students or other persons, operating as a coordination committee from the confines of a University situate in the heart of Delhi," a bench of Justices Siddharth Mridul and Anup Jairam Bhambhani said in a 133-page judgement.
"If such blurring gains traction, democracy would be in peril," a bench of Justices Siddharth Mridul and Anup Jairam Bhambhani said in its 83-page judgement while deliberating with the case and imposition of anti-terror law against Kalita.
The judge asked the concerned deputy commissioner of police (DCP) to monitor the probe to ensure fair investigation as police have failed to point out what investigation has been carried out so far regarding the involvement of the rival faction.