Today, On 18th November, In the 2020 Delhi Riots conspiracy case, the Delhi Police told the Supreme Court that the violence was pre-planned and well-designed. They called it a conspiracy against India’s sovereignty while opposing the bail pleas of the accused strongly today.
New Delhi: The Supreme Court continued hearing the bail pleas filed by several accused in the alleged larger conspiracy behind the 2020 Northeast Delhi riots.
The matter came up before a Bench comprising Justice Aravind Kumar and Justice N.V. Anjaria.
The bail applications of Umar Khalid, Sharjeel Imam, Gulfisha Fatima, and Meeran Haider are being heard together.
The case is linked to allegations that the accused were part of a conspiracy to incite violence during the 2020 riots in Delhi, which occurred following protests against the Citizenship Amendment Act (CAA).
Solicitor General Tushar Mehta, appearing for the Delhi Police, told the court that the 2020 Delhi violence was not an instant reaction but a calculated plan.
He said the riots were “orchestrated, pre-planned, well-designed riots.”
He added that the entire incident was an attempt against the sovereignty of India.
He also responded to the submissions made by the accused seeking parity with Natasha Narwal, Devangana Kalita and Asif Iqbal Tanha, who were granted bail in June 2021.
He pointed out that the Supreme Court had already restricted the 2021 bail judgment from being used as a precedent. ASG S.V. Raju stressed that this was a clear bar created by the court.
Mehta argued that the popular belief about the riots being an immediate reaction to the CAA and NRC protests was incorrect.
He said,
“It is a myth this was a spontaneous riot after the CAA/NRC protests.
He then read from an alleged speech of Sharjeel Imam, claiming Imam had stated that Muslims, who are around 30% of the population, were still not able to unite in an armed rebellion.
The Solicitor General shifted to the issue of delay in the trial and argued that the accused themselves were responsible for the long pendency. He said they were in custody for nearly five years because of their own conduct.
He submitted,
“We are ready to complete the trial in six months. For every charge filed, the accused will argue for five years. On facts, these accused do not deserve to be released, so they delay the trial to gain a ground for bail,”
Mehta pointed to what he called important photographic evidence. He said the picture was collected from the accused themselves and allegedly showed all of them sitting together and planning.
Additional Solicitor General S.V. Raju told the court that his submissions would focus on three points: the question of parity with the earlier bail orders, the delay aspect, and the overall merits of the case against the accused.
Earlier, On 3rd November, Senior Advocate Kapil Sibal, appearing for Umar Khalid, told the Supreme Court that out of 751 Delhi riots FIRs, 116 cases have been tried and 97 ended in acquittals, with 17 involving fabricated documents, exposing poor investigation quality.
Explaining Khalid’s position, Sibal said,
“There were 751 FIRs each with the jurisdictional police. I was in one of them. I was discharged. There was another FIR which deals with conspiracy. I am in that. Not in any of the 751 FIRs. The 750 are separate. I am not involved in any of them. I was discharged in December 2022. I am involved in the conspiracy case. Of the 751, 116 cases have been tried and concluded out of which 97 ended up in acquittal. In 17 out of those cases there was fabrication of documents.”
Countering his argument, ASG S.V. Raju remarked that such references were made “just to create prejudice.”
ASG SV Raju, representing the Centre, said, “There are some people who do not deserve even a day’s release.”
Previously, On 31st October Senior Advocates Abhishek Manu Singhvi, Kapil Sibal, and Siddharth Dave made strong submissions before the Supreme Court in the Delhi riots conspiracy case, arguing that the prolonged incarceration of their clients violated the principles of liberty and fairness.
Appearing for activist Gulfisha Fatima, Dr Abhishek Manu Singhvi told the Bench that his client had been in custody for more than five years without trial.
Additionally, during earlier hearing , Senior Advocate Kapil Sibal, appearing for Umar Khalid, told the supreme court that 59 hearing days were lost due to the DSP’s absence and lawyers’ strikes, yet Umar Khalid is blamed for delays, even though he said, “The day when the riots took place I was not in Delhi.”
Previously, The Delhi Police firmly opposed the release of student activists Umar Khalid, Sharjeel Imam, and three others charged under the Unlawful Activities (Prevention) Act (UAPA) in connection with the 2020 Northeast Delhi riots conspiracy case.
In a statement to the Supreme Court, the police contended that the alleged offenses represented a deliberate attempt to undermine the state, thus justifying “jail and not bail,” as reported by media outlets on Thursday.
The police argued that the petitioners were attempting to portray themselves as victims due to prolonged imprisonment, even though the delay in the trial was a result of their own actions.
In a detailed 177-page affidavit submitted on October 30, the Delhi Police argued that the violence that erupted in February 2020 was not merely a spontaneous reaction to protests against the Citizenship (Amendment) Act (CAA), but rather a part of a coordinated “regime change operation” disguised as civil dissent, according to a report in the media.
This development comes just a day before the case is set for a hearing.
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The police indicated that encrypted chats and messages show the protests were strategically timed to coincide with Trump’s visit in February 2020, ensuring global attention.
The prosecution also pointed to unrest that erupted around the same time in various states, including Uttar Pradesh, Assam, West Bengal, Karnataka, Kerala, Maharashtra, and Bihar, suggesting a “pan-India plan” rather than isolated incidents.
Recently, Umar Khalid informed the sessions court at Karkardooma that the prosecution has added embellishments to the chargesheet regarding the larger conspiracy case tied to the 2020 Delhi Riots.
The accused in this case include Umar Khalid, Sharjeel Imam, Safoora Zargar, Natasha Narwal, Asif Iqbal Tanha, Tahir Hussain, Khalid Saifi, Isharat Jahan, Meeran Haider, Gulfisha Fatima, Shifa-Ur-Rehman, Shadab Ahmed, Tasleem Ahmed, Saleem Malik, Mohd Saleem Khan, Athar Khan, and Faizan Khan.
The violence occurred during protests against the proposed Citizenship Amendment Act (CAA) and National Register of Citizens (NRC), resulting in 53 deaths and over 700 injuries.
According to the allegations, Umar Khalid, Sharjeel Imam, Gulfisha Fatima, Shifa Ur Rehman and Meeran Haider were involved in orchestrating protests, delivering inflammatory speeches and mobilising crowds, which, as per the prosecution, triggered the large-scale violence in Delhi in 2020.
They are now seeking bail from the Supreme Court under the stringent provisions of the Unlawful Activities (Prevention) Act (UAPA) concerning the February 2020 Delhi riots. In 2020, Imam was arrested under the UAPA and identified as the main conspirator in the Delhi riots case.
Meanwhile, the Supreme Court is set to hear the bail applications filed by Khalid and others on Friday, October 31.
Earlier, On September 2, the Delhi High Court denied bail to Imam, Khalid, and seven others: Mohd Saleem Khan, Shifa Ur Rehman, Athar Khan, Meeran Haider, Shadab Ahmed, Abdul Khalid Saifi, and Gulfisha Fatima. On the same day, another accused, Tasleem Ahmed, had his bail plea rejected by a different bench of the High Court.
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