The Supreme Court is hearing the bail pleas of Umar Khalid, Sharjeel Imam, Gulfisha Fatima, and others in the 2020 Delhi riots conspiracy case.
The Delhi Police opposed the bail, alleging the accused were part of a wider conspiracy to incite communal violence.
The police said under the guise of anti-CAA protests, the accused framed it as an attempt to provoke regime change.
The Supreme Court on Monday, November 3, will resume hearing bail pleas filed by Umar Khalid, Sharjeel Imam, Gulfisha Fatima and others in the conspiracy case related to the 2020 North East Delhi riots.
A Bench comprising Justices Aravind Kumar and NV Anjaria last heard the case on October 31, including Meeran Haider and Shifa-ur-Rehman’s petitions. After hearing the initial submissions on evidence and procedure, it was decided that further arguments will be heard on Monday.
In the earlier hearings, the SC had rapped prosecution for inordinate delays in filing its affidavits before court.
Most of the petitioners have been in custody for over five years having been charged under multiple sections of the IPC and the Unlawful Activities Prevention Act (UAPA). The police allege the accused are the “masterminds” of “a larger conspiracy” to cause riots in Delhi in 2020.
The Delhi High Court had denied bail to Khalid and others on September 2, describing their roles as “prima facie grave”, following which the Supreme Court issued a notice to the police on September 22.
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On October 27, Additional Solicitor-General S.V. Raju had requested two weeks for the police to file their response. When proceedings resumed on Friday, Senior Counsels Kapil Sibal, A.M. Singhvi, and Siddharth Dave argued in defence of Khalid and others. The senior lawyers argued there was a lack of evidence tying some of the accused to the 2020 Delhi riots and pointed to the length of pre-trial detention.
Appearing for Umar Khalid, Senior counsel Kapil Sibal argued, once again, that there had been no recovery of weapons, funds or other incriminating material from the accused. “On the dates when the riots took place, I was not in Delhi. There is no witness statement connecting me to any act of violence,” he said.
Challenging the prosecution’s allegation of a larger conspiracy, Sibal argued, “There are 751 FIRs. I am charged in one. If it’s a conspiracy and I am responsible for the riots, it’s a bit surprising.”
Delhi Police, represented by the Additional Solicitor-General, have opposed bail. They alleged that the accused are actors in a larger conspiracy. Their detention is justified, police say, because of the serious nature of the alleged crimes, making the case that the accused conspired to use the anti-CAA protests as a “sponsored camouflage” and a “radicalising catalyst” that could lead to a nationwide communal riot eventually causing “regime change.”
While the accused state that they were well within their constitutional rights to protest, Khalid, Imam, Fatima, and Haider have been booked under the UAPA and labelled "masterminds" behind the riots by the police.
