The Delhi Police on Tuesday argued vehemently against the granting of bail to several accused in the 2020 Delhi riots conspiracy case, invoking the stringent provisions of the Unlawful Activities (Prevention) Act (UAPA). The hearing, conducted by a Division Bench of Justice Navin Chawla and Justice Shalinder Kaur in the Delhi High Court, saw the police urging the court to take a strict stance due to the gravity of the allegations.
Additional Solicitor General Chetan Sharma, representing the Delhi Police, highlighted the critical nature of the case. “This conspiracy is clinical, pathological and planned to execute by forces inimical to India. The same forces which have let themselves out on the leash in our neighboring country,” Sharma argued, emphasizing the severity of the charges against the accused, including Umar Khalid and Sharjeel Imam.
The court was reviewing bail pleas from individuals including Khalid, Imam, Gulfisha Fatima, and Khalid Saifi, who have been detained for several years. The defense argued for bail citing significant delays in trial proceedings, with charges yet to be framed by the trial court. Sharma countered by stating that the delay was partly due to the accused themselves and referenced prior court orders issued by the trial judge that attributed delays to actions taken by the defendants.
Sharma reiterated the Supreme Court’s stance from notable judgments, asserting that mere delays in trial cannot justify bail, particularly under the UAPA’s strict bail conditions. “In a prima facie examination, your lordships will only see the probative value that if there is an accusation and that accusation is reasonable, that is just about it,” he explained.
The ongoing legal battle has seen Khalid, Imam, and others labeled as “masterminds” behind the riots that resulted in 53 deaths and over 700 injuries amid protests against the Citizenship Amendment Act and National Register of Citizens. The accused have sought bail based on the prolonged duration of their imprisonment and the precedent of bail granted to other co-accused.
