Bail plea of all 9 including Sharjeel Imam, Umar Khalid rejected, court said this
c
The Delhi High Court has rejected the bail pleas of nine accused including Sharjeel Imam, Umar Khalid, Khalid Saifi, Tasleem Ahmed in the larger conspiracy case related to the 2020 Delhi riots. The bench of Justice Naveen Chawla and Justice Shailendra Kaur delivered this verdict. The court had reserved the verdict on July 10. During the hearing, the Delhi Police had strongly opposed these petitions, claiming that it was not a spontaneous riot but a well-planned conspiracy.
The verdict comes on a long-pending issue in a case registered under UAPA (Unlawful Activities Prevention Act), in which the accused are said to be the masterminds of the riots. 53 people were killed and more than 700 were injured in the riots in North-East Delhi in February 2020. These riots broke out during protests against the Citizenship Amendment Act (CAA) and NRC. Delhi Police alleged that the accused conspired through WhatsApp groups, speeches and meetings to defame India internationally during the visit of US President Donald Trump.
Tushar Mehta had given this argument
Solicitor General Tushar Mehta had said in the July hearing that those working against the nation should remain in jail till conviction or acquittal. These riots are UAPA cases related to national security, where long detention cannot be a basis for bail. Police cited Sharjeel Imam’s speeches, in which he talked about ‘cutting’ Assam and inciting violence. Umar Khalid is accused of organizing protests at 23 places.
Other accused Athar Khan, Mohammad Salim Khan, Shifa-ur-Rahman, Meeran Haider, Gulfisha Fatima and Shadab Ahmed were also claiming to be entitled to bail. His lawyers cited long detention (over 5 years), delay in trial (not reaching chargesheet framing) and other co-accused (like Devangana Kalita, Natasha Narwal) getting bail. Umar Khalid’s lawyer Trideep Pais said that being a member of a WhatsApp group or not sending messages is not a crime.
Khalid Saifi’s lawyer Rebecca John questioned the misuse of UAPA. But the court found the police’s arguments strong, saying that speeches and meetings created an atmosphere of fear, which was based on issues like CAA-NRC, Babri, triple talaq and Kashmir. The case is related to the 2019 anti-CAA protests, where 18 accused are charged under UAPA. Sharjeel Imam was arrested on 25 August 2020, while Umar Khalid was arrested in September 2020. The petitions were pending since 2022. In response to the decision, the accused party announced to move the Supreme Court.
