New Delhi [India], September 30 (ANI): The Delhi High Court on Wednesday rejected the bail pleas of Umar Khalid and Sharjeel Imam in the alleged larger conspiracy case related to the February 2020 North-East Delhi riots.
A Division Bench of Justice Prathiba M. Singh and Justice Dinesh Bhatt dismissed their appeals against the July 4 order of the Karkardooma Court, which had rejected their regular bail applications.
The Bench said the two appeals arose from the trial court’s order on their bail applications in the case, which relates to the alleged conspiracy behind the riots in the backdrop of protests against the Citizenship Amendment Act (CAA) and the proposed National Register of Citizens (NRC).
The court noted that Khalid and Imam had earlier sought bail under the Unlawful Activities (Prevention) Act (UAPA), and their pleas had reached the Supreme Court. The apex court had granted bail to five of the seven accused before it but rejected the pleas of Khalid and Imam.
The High Court noted that the Supreme Court had distinguished the roles attributed to Khalid and Imam from those of the other accused and had described them as “ideological drivers” of the alleged conspiracy.
The Supreme Court had, while rejecting their bail pleas, permitted them to renew their applications after either the completion of examination of protected witnesses or one year, whichever was earlier.
Appearing for Khalid, Senior Advocate Trideep Pais argued that there had been a change in circumstances warranting reconsideration of bail. He submitted that the trial had not progressed and that the charges had not been framed and witnesses were yet to be examined.
Pais also relied on subsequent developments, including Supreme Court judgments dealing with prolonged incarceration and delay in trial, and submitted that Khalid had remained in custody for nearly six years.
Counsel appearing for Imam similarly argued that there had been little progress in the trial and that prolonged incarceration should be considered while deciding his bail plea.
Opposing the pleas, Additional Solicitor General S.V. Raju submitted that the roles attributed to Khalid and Imam could not be equated with those of other accused who had been granted bail.
Raju argued that the Supreme Court had specifically permitted Khalid and Imam to renew their bail pleas only after fulfilment of the two conditions set out in its January 5 order. He also submitted that the statutory restrictions under Section 43D(5) of the UAPA continued to apply.
During the hearing, the Bench considered the appellants’ reliance on subsequent decisions, including the judgment concerning Iftikhar Andrabi and the interim bail granted to co-accused Tasleem Ahmad and Khalid Saifi.
On the plea of parity, the court observed that the roles attributed to Tasleem Ahmad and Khalid Saifi were different from those attributed to Khalid and Imam and, therefore, parity could not be claimed.
The Bench also noted that the trial court had completed arguments on framing of charges. It was informed that a separate issue concerning inspection of unrelied documents, arising from proceedings involving co-accused Devangana Kalita, was pending before the Supreme Court and the trial court was awaiting the apex court’s decision.
The High Court held that it could not go beyond or modify the directions issued by the Supreme Court and was bound by judicial discipline.
The Bench accordingly found no ground to interfere with the trial court’s July 4 order and rejected the bail pleas of both Khalid and Imam.
The case arises from FIR 59/2020 registered by the Delhi Police Special Cell concerning the alleged larger conspiracy behind the February 2020 North-East Delhi riots.(ANI)
Delhi HC denies bail to Umar Khalid, Sharjeel Imam in 2020 Delhi riots conspiracy case
