Today, On 31st October, The Supreme Court, heard the bail pleas of Umar Khalid, Sharjeel Imam, Gulfisha Fatima, and Meeran Haider in the 2020 Delhi riots case, questioned the Delhi Police asking, “Where is the counter,” and directed the matter to be taken up at 12:30 PM today.
New Delhi: The Supreme Court heard today the bail pleas of Umar Khalid, Sharjeel Imam, Gulfisha Fatima, and Meeran Haider, who have been accused in the alleged conspiracy behind the 2020 Delhi riots.
The matter came up before a Bench comprising Justice Aravind Kumar and Justice N.V. Anjaria.
As the proceedings began, the Bench asked,
“Where is the counter.”
Responding to the court, counsel submitted,
“We filed it yesterday.”
Senior Advocates Kapil Sibal, Abhishek Manu Singhvi, and other lawyers appeared for the petitioners, while Additional Solicitor General S.V. Raju represented the Delhi Police.
The Bench has directed that the matter be taken up at 12:30 PM today for further hearing.
Previously, Yesterday, 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.
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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.
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