Gender: Male
Perpetrator: India
Religion or Belief: Muslim – Unspecified/Other
Reports of Torture: No
Reports of Medical Neglect: No
Date of Detainment: May/17/2020
Date of Release: June/17/2021
Current Status: Released
Religious Leader: No
Most Recent Type of Abuse: Detainment
Reason for Persecution: Protesting Religious Freedom Conditions Religious Identity
Nature of Charges: Criminal Premeditation & Conspiracy Hate Speech Illicit Financing Murder & Attempted Murder Public Disorder Terrorism Treason & Sedition
Asif Iqbal Tanha was detained for protesting religious freedom conditions.
On May 17, 2020, authorities arrested Tanha, a Muslim student activist, for rioting and attempted murder under first information report (FIR) 298/2019 after accusing him of inciting violence near Jamia Millia Islamia University during protests in December 2019. Tanha, however, was targeted for leading peaceful protests opposing the religiously discriminatory Citizen Amendment Act (CAA).
On May 19, 2020, Tanha was charged with new offenses under first information report (FIR) 59/2020 with new offenses under the IPC, 1967 Arms Act, and Unlawful Activities (Prevention) Act (UAPA) after authorities accused him of inciting communal violence during the 2020 Delhi riots. Charges include but are not limited to rioting (Sec. 147 IPC), rioting with a deadly weapon (Sec. 148 IPC), murder (Sec. 302 IPC), attempted murder (Sec. 307 IPC), sedition (Sec. 124A IPC), "promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony" (Sec. 153A IPC), unlawful activities (Sec. 13 UAPA), terrorist acts (Sec. 16 UAPA), raising funds for terrorist acts (Sec. 17 UAPA), and conspiracy (Sec. 18 UAPA).
On May 28, 2020, Tanha was granted bail in the Jamia Millia Islamia University protest case (FIR 48/2020). However, he was forced to remain in prison under FIR 59/2020.
On June 26, 2020, several UN experts called for the release of Tanha and other protestors, saying that their arrests seem "clearly designed to send a chilling message...that criticism of government policies will not be tolerated."
On June 15, 2021, a Delhi High Court granted Tanha bail.
On June 17, 2021, Tanha was released from prison.
On February 4, 2023, a Delhi court discharged Tanha in the December 2019 violence case.
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"Delhi court discharges Sharjeel Imam, Asif Tanha, and nine others in 2019 Jamia violence case" Scroll.in
"Marriage, assault by inmates & 2 years in jail later, why court granted bail to Ishrat Jahan" The Print
“Delhi riots: SC refuses to stay bail granted to 3 activists, to examine HC order on anti-terror law” Times of India
“Student activists freed after court rejects Delhi Police stand” The Hindu
“Natasha Narwal, Devangana Kalita , Asif Iqbal Tanha released from prison” Hindustan Times
"Six Months Since Delhi Riots, Delhi Police Continue to Enjoy Impunity Despite Rights Violations" Amnesty International
"UN experts urge India to release protest leaders" UN Office of the High Commissioner for Human Rights
"India: End Bias in Prosecuting Delhi Violence" Human Rights Watch
“Delhi violence: Jamia student Asif Iqbal Tanha arrested, charged under UAPA” Scroll.in
USCIRF Legislation Factsheet: The Citizenship (Amendment) Act in India February 2020