After 5 years in jail and no charges framed, Delhi HC slams police over prolonged trial in 2020 riots conspiracy case. Bail plea hearing continues.
New Delhi: On July 8, the Delhi High Court raised serious questions about the delay in completing legal proceedings in the 2020 Delhi riots conspiracy case.
The court specifically questioned the Delhi Police about how long the accused persons can be kept behind bars when even the arguments on charges have not yet been completed, despite over five years passing since the incident.
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A division bench of Justices Subramonium Prasad and Harish Vaidyanathan Shankar was hearing the bail application of Tasleem Ahmed, an accused in the case filed under the Unlawful Activities (Prevention) Act (UAPA).
The case relates to the alleged larger conspiracy behind the February 2020 communal riots in northeast Delhi, which had claimed the lives of 53 people and left nearly 700 others injured.
During the hearing, the bench pointedly asked the prosecution,
“Five years have gone by. Even arguments on the charge have not been completed. In matters like this, 700 witnesses, how much time a person can be kept inside?”
Senior advocate Mehmood Pracha, appearing for the accused Tasleem Ahmed, highlighted the issue of delay in the trial.
He told the court that he would not argue the merits of the case at this stage but would instead focus on seeking relief on the ground of delay in trial proceedings.
Pracha drew the court’s attention to the bail orders granted earlier to co-accused Devangana Kalita, Asif Iqbal Tanha, and Natasha Narwal in 2021 on similar grounds.
He said that the prolonged delay in framing charges and starting the trial should entitle his client to bail as well.
He stated,
“He (Ahmed) was arrested on June 24, 2020… I have already spent five years (in jail).”
Pracha further argued that his client was not responsible for any delays in the trial and that he had always been ready to cooperate with the court proceedings. He claimed his client never caused delay in the case proceedings.
However, opposing the bail plea, Special Public Prosecutor Amit Prasad defended the prosecution by saying that it should not be blamed for the delay.
He submitted that there were multiple occasions when the hearing was adjourned at the request of the accused or their lawyers.
Special public prosecutor Amit Prasad opposed the submission, claiming the prosecution cannot be blamed for delay in trial as there were several occasions when the matter was adjourned on accused persons’ request.
Despite the opposing views, Pracha decided to stick to the argument focused solely on the delay in trial. Pracha went ahead to confine his argument on the delay in trial.
The bench did not give a final ruling on the matter on Tuesday, and the hearing on the bail application will continue on July 9.
Background of the Case
The 2020 Delhi riots occurred in February 2020 in the northeastern parts of the national capital, leading to widespread violence, communal clashes, and significant loss of life and property. The violence, which lasted several days, resulted in the deaths of at least 53 people and left around 700 others injured.
The riots were triggered amid protests against the Citizenship Amendment Act (CAA) and counter-protests, eventually escalating into violent clashes between different communities.
In the aftermath, the Delhi Police registered several FIRs, including a major one related to an alleged “larger conspiracy” behind the riots.
This particular conspiracy case was filed under the Unlawful Activities (Prevention) Act (UAPA) — a stringent anti-terror law — and several student activists, civil society members, and political figures were named as accused.
One such accused is Tasleem Ahmed, who was arrested on June 24, 2020, for allegedly being involved in this broader conspiracy.
The charges against him and others include instigating violence and planning riots through protests and road blockades.
The case has seen significant delays, with over 700 witnesses listed, and even after five years, arguments on framing of charges are yet to be completed.
Due to the extended delay, several co-accused in the case — including Devangana Kalita, Natasha Narwal, and Asif Iqbal Tanha — have already been granted bail by courts, citing the prolonged pre-trial detention and the right to a fair and speedy trial.
The matter remains ongoing, with increasing scrutiny over procedural delays and extended jail time without trial under harsh provisions of the UAPA.
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