SC to hear Delhi riots conspiracy bail pleas on Monday

New Delhi: The Supreme Court is slated to resume hearing on Monday the bail pleas of student leaders Umar Khalid, Sharjeel Imam, Gulfisha Fatima, and other activists accused in the alleged “larger conspiracy” behind the 2020 North East Delhi riots.

They remain behind bars under the stringent Unlawful Activities (Prevention) Act (UAPA). As per the cause list published on the website of the apex court, a Bench of Justices Aravind Kumar and N.V. Anjaria will continue hearing the submissions of co-accused Meeran Haider, Mohd Saleem Khan, and Shifa Ur Rehman, and the Delhi Police on November 3.

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Umar Khalid tells SC no evidence links him to 2020 Delhi riots

In an earlier hearing, appearing for Umar Khalid, senior advocate Kapil Sibal argued that the prosecution had consistently delayed the trial and was now attempting to shift the blame on the accused. “They say it is me who is taking time and delaying the case whereas the fact says otherwise,” Sibal argued. “Out of 751 FIRs related to the riots, Khalid was named in only one.

“He (Khalid) was not even in Delhi when the riots took place,” Sibal said, adding that there was no recovery of any incriminating material from him.

He argued that none of the acts attributed to Khalid fell within the definition of “terrorist act” under UAPA, relying on the bail orders granted to co-accused Asif Iqbal Tanha, Devangana Kalita, and Natasha Narwal. “They are granted bail.

Umar Khalid was not even present in Delhi. The evidence and witnesses are the same,” Sibal submitted. Senior advocate Siddharth Dave, for Sharjeel Imam, argued that the prosecution took over three years to complete the investigation and kept filing supplementary chargesheets till September 2024.

“The trial could not progress because the probe was said to be ongoing. So out of five years, three went in investigation,” Dave told the Justice Kumar-led Bench. He added that Imam has been in custody since January 25, 2020, nearly a month before the riots erupted in late February. “If I am in custody since January, what role could I play in orchestrating riots that occurred in February? My speeches were in December 2019 – two months before the riots,” Dave said.

In response to the apex court’s question on the nature of the speech, Dave said: “I called for chakka jams (blockades) as part of protests against the Citizenship Amendment Act (CAA. There was no call for violence at all.” Appearing for Gulfisha Fatima, senior advocate Abhishek Manu Singhvi submitted that the only allegation against her was setting up a protest site.

“No act of violence occurred at those sites. There is no oral or documentary evidence showing that any violent material was present where I was,” Singhvi said. Earlier, the Delhi High Court had dismissed the bail pleas of Sharjeel Imam, Umar Khalid and several others accused in the 2020 city riots “larger conspiracy” case.

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