The Delhi High Court was presented with arguments surrounding the bail pleas of Umar Khalid, Sharjeel Imam, and others implicated in the February 2020 riots, with the Delhi Police opposing their release. The police argued that the right to a speedy trial does not automatically justify bail, especially in cases involving serious allegations such as terrorism and national security.
During the proceedings before Justices Navin Chawla and Shalinder Kaur, Additional Solicitor General Chetan Sharma and Special Public Prosecutor Amit Prasad contended that the delays in the trial were due to the actions of the accused themselves, not the prosecution. “The trial court record does not suggest any attempt on part of the prosecution to delay the matter. Rather, the responsibility lies squarely with the accused,” Sharma stated.
The discussion in court also touched on the complexity of cases involving anti-national activities, where Sharma argued that the severity of the allegations must be weighed heavily. “While speedy trial is essential, in cases of anti-national activities, prolonged incarceration of the undertrials by itself is not a ground to enlarge them on bail when facts show their involvement,” he added.
The Delhi Police also highlighted the significant impact of the riots, noting that 53 people died as a result of the violence which erupted during protests against the Citizenship Amendment Act (CAA) and National Register of Citizens (NRC). Sharma emphasized that two benches of the high court had previously found evidence of a conspiracy and the applicability of the Unlawful Activities (Prevention) Act (UAPA).
Khalid, Imam, and others are facing charges under UAPA and various sections of the Indian Penal Code for allegedly orchestrating the riots, which left over 700 injured along with the fatalities. The prosecution argued that the intent of the accused and the consequent loss of life should be primary considerations in deciding bail.
