“This has to end. This can’t go on like this… This needs to end now. We can’t give you endless time,” the bench remarked while addressing the counsel for the police.
NEW DELHI: The Delhi High Court, on Tuesday (21st Jan), emphasized that it cannot “endlessly” continue hearing submissions in the bail pleas of Umar Khalid, Sharjeel Imam, and others in connection with the February 2020 riots case filed under the Unlawful Activities (Prevention) Act (UAPA).
A bench comprising Justices Navin Chawla and Shalinder Kaur observed that the accused individuals argued there was “nothing” substantial against them. Consequently, the court directed the police to specify the roles attributed to each accused in the alleged conspiracy behind the riots.
“This has to end. This can’t go on like this… This needs to end now. We can’t give you endless time,” the bench remarked while addressing the counsel for the police.
Special Public Prosecutor (SPP) Amit Prasad requested time to submit a note outlining the specific roles of the accused. He explained that the current matters were not straightforward bail applications but appeals against trial court orders that had refused bail. According to Prasad, these appeals required detailed hearings. He also highlighted that two courts had previously determined that there was evidence of conspiracy in the case.
Additional Solicitor General (ASG) Chetan Sharma, representing the police, also requested additional time to present arguments.
However, Justice Chawla reiterated, “You have to finish now. This can’t go on endlessly.”
The allegations against Khalid, Imam, and others assert that they were the “masterminds” behind the riots, which were triggered during protests against the Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC). The violence resulted in 53 deaths and numerous injuries. The accused were charged under the UAPA and various sections of the Indian Penal Code (IPC).
While contesting the trial court’s denial of bail, Khalid and others pointed to their extended period of incarceration and sought parity with other co-accused who had already been granted bail.
On Tuesday, SPP Prasad reiterated the claim that Sharjeel Imam and others had delivered inflammatory speeches calling for a “chakka jam.” He argued that the protests were not spontaneous but were pre-planned.
“Shaheen Bagh (protest site) was the brainchild of Sharjeel Imam, with resistance from locals,” Prasad stated.
He further quoted Imam’s speech advocating for “cutting the chicken neck” to block access to Assam and “challenging the sovereignty of the country to implement a law.”
Prasad argued that the violence in February 2020 was not an accident but “exactly that they had planned.” He also accused the defendants of attempting to “defer” accountability by blaming BJP leader Kapil Mishra, who allegedly delivered a provocative speech in support of the CAA, leading to the riots.
The prosecutor highlighted that speeches by Khalid, Imam, and others had created widespread fear by referencing sensitive topics such as the CAA-NRC, the Babri mosque demolition, triple talaq, and the situation in Kashmir. He claimed that protected witnesses’ statements revealed that the accused were not “innocent bystanders” but actively planned the violence through WhatsApp groups. This allegedly resulted in 751 First Information Reports (FIRs) being filed in connection with the riots.
The police also alleged a “meeting of minds” among the accused, involving the strategic use of women for stone pelting, transportation logistics, and the management of protest sites by students from Jamia Millia Islamia University.
Most of the bail applications, including those filed by Sharjeel Imam, Gulfisha Fatima, and Khalid Saifi, were submitted in 2022 and have been heard by various benches since then. Umar Khalid filed another bail plea in 2024 after his previous application was dismissed by the Delhi High Court in October 2022.
The court has scheduled the next hearing for February 12.
Case Title: Umar Khalid v. State and other connected matters
