Summary:
Significantly, the court also points out that both Kalita and Narwal were arrested nearly three months after the FIR was registered before concluding that there is "no reason, basis or justification to detain the appellant in judicial custody in the subject FIR any longer". Kalita, the court notes, was arrested first on May 23 last year and was then rearrested in a second case the day after she was granted bail. Furthermore, when in this case too, Kalita secured regular bail, the police arrested her "then and there in the same courtroom" in a third case. It noted that even if the protests had turned disorderly or violent, the offences arising from those are already being tried in the other cases against them. As for Tanha, the court noted that there was no proof that he was leading the coconspirators in committing acts of violence nor did he for the JCC group and he was not a member of any WhatsApp group which allegedly incited violence..