Today, On 30th October, During a Supreme Court hearing on the Delhi riots conspiracy case, the Delhi Police alleged that Umar Khalid and others were playing the victim card over prolonged incarceration, arguing that the trial delay was due to their own conduct, not negligence.
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.
The prosecution, as cited by media, alleged that the plan intended to provoke communal tensions during US President Donald Trump’s visit, aiming to ‘internationalise’ the unrest and portray the Government of India as discriminatory.
Recently, a bench consisting of Justices Aravind Kumar and NV Anjaria urged the enforcement agency to reconsider whether the accused many of whom have been held in judicial custody as undertrials for nearly five years could be granted bail.
Under the UAPA, courts must first establish that the allegations do not, even on a prima facie basis, indicate involvement in terrorist activities before bail can be granted.
The Delhi Police argued that this threshold has not been met in this case.
The affidavit, filed by advocate Rajat Nair, claimed that investigators have gathered ocular, documentary, and technical evidence to demonstrate that the accused were part of a “deep-rooted conspiracy” driven by communal motives.
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.
The Delhi Police has opposed the bail pleas on the following grounds.
- Pan-India “Regime Change Operation”
“The conspiracy hatched, nurtured and executed by the petitioner was to strike at the very heart of the sovereignty and integrity of the country by destroying the communal harmony; instigating the crowd not only to abrogate public order but to instigate them to an extent of armed rebellion…”
- Strategic Protests During Trump’s Visit
“The materials on record, including the chats referencing U.S. President Donald Trump, establish beyond doubt that the instant conspiracy was pre-planned to be executed at the time when US president was to make an official visit to India…”
- Jail is the Default for UAPA Offences
“In the offences which strike at the very root of the integrity of India [UAPA offences], ‘JAIL AND NOT BAIL’ is the rule…”
- Accused Responsible for Delays in Trial
The High Court and special court noted that the petitioners have obstructed the trial, delaying charges for over two years.
- Not 900 Witnesses, Only 155
The claim of 900 witnesses is misleading; there are about 155 public witnesses, with many already testifying.
- Umar Khalid Withdraws Bail Plea
Khalid’s withdrawal of his bail petition in February 2024 means the High Court’s findings are final, preventing further applications.
- Chakka Jaam Aimed at Harm
The Chakka-Jaam was intended to harm police and non-Muslims, with Sharjeel Imam’s speeches reflecting a knowledge of inciting riots.
- WhatsApp Groups and Meetings
A JCC WhatsApp group was created using a fraudulent number, indicating a hidden agenda, while another group was directed by Umar Khalid for mobilization.
The Supreme Court is expected to address both the issue of delay and the legal standards under UAPA on Friday. Imam has been in custody since January 2020, while Khalid was arrested in September 2020. The other co-accused have faced similar durations in detention.
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.
During that hearing, Senior Advocate Trideep Pais, representing Khalid, argued that the Delhi Police has distorted witness statements.
He stated,
“He [Khalid] has been in custody for 5 years for this. No violence had occurred. No weapons were recovered. Chargesheet has embellishment added by prosecution. Without evidence, there is no criminality,”
After concluding his arguments for the day, Pais requested that Khalid be allowed two books in Tihar Jail, including one on cricket.
The court is currently deliberating on the charges in the Delhi Riots conspiracy case.
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.
Click Here to Read Previous Reports on Delhi riots case
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