LawChakra

Delhi Riots Case: Supreme Court to Hear Sharjeel Imam, Umar Khalid’s Bail Pleas on October 27

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The Supreme Court will hear on October 27 the appeals of Sharjeel Imam, Umar Khalid, Gulfisha Fatima, Meeran Haider, and Shifa Ur Rehman challenging the Delhi High Court’s refusal to grant them bail in the 2020 Delhi riots conspiracy case.

The Supreme Court is set to hear on October 27 the appeals of Sharjeel Imam, Umar Khalid, Gulfisha Fatima, Meeran Haider, and Shifa Ur Rehman, who are challenging the Delhi High Court’s decision to deny them bail in the UAPA case related to the alleged larger conspiracy behind the 2020 north-east Delhi riots.

A bench consisting of Justices Aravind Kumar and NV Anjaria will review the matter on Monday.

Previously, the bench had issued a notice to the Delhi police regarding these pleas.

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.

The Court clearly stated,

“Prolonged incarceration alone cannot justify bail, especially given multiple chargesheets and extensive evidence still pending trial.”

The Delhi Police opposed their bail requests, arguing that this was not a case of spontaneous riots but rather a situation where the riots were “planned well in advance” with a “sinister motive and well-thought-out conspiracy.”

The High Court noted that, prima facie, the involvement of Imam and Khalid in the conspiracy was grave, as they had delivered inflammatory speeches aimed at “instigating mass mobilisation of members of the Muslim community.”

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.

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.

These riots, which erupted in February 2020, were triggered by conflicts over the proposed Citizenship Amendment Act (CAA). According to the Delhi Police, the violence resulted in 53 deaths and numerous injuries.

The case involves allegations that the accused orchestrated a broader conspiracy aimed at inciting multiple riots. A FIR was lodged by the Special Cell of the Delhi Police, citing various sections of the Indian Penal Code (IPC) and the UAPA.

Many of the accused face charges in multiple FIRs, leading to several bail petitions being filed in different courts. Most have remained in custody since 2020.

The four activists have approached the top court challenging the Delhi High Court’s September 2 order which had refused bail to nine people, including Khalid and Imam.

The nine people whose bail was denied by the high court were Umar Khalid, Sharjeel Imam, Gulfisha Fatima, Mohd Saleem Khan, Shifa Ur Rehman, Athar Khan, Meeran Haider, Abdul Khalid Saifi and Shadab Ahmed.

In a separate order on the same day, another bench of the high court also rejected the bail plea of accused Tasleem Ahmed.

All the accused, however, have consistently denied the allegations made against them. They have been in jail since 2020.

Their bail pleas were first dismissed by the trial court, following which they approached the Delhi High Court. After being denied relief there too, they have now moved the Supreme Court seeking bail.





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