The Delhi High Court on Tuesday denied bail to activists Umar Khalid, Sharjeel Imam, and seven others accused in the 'larger conspiracy' case related to the February 2020 riots in Delhi. A bench of Justices Navin Chawla and Shalinder Kaur decided the bail pleas of Sharjeel Imam, Umar Khalid, Mohd Saleem Khan, Shifa Ur Rehman, Athar Khan, Meeran Haider, Abdul Khalid Saifi and Gulfisha Fatima.
"All the appeals are dismissed," the bench held on Tuesday after reserving its order on July 9.
Accused persons have been in jail since 2020
The accused, who have been lodged in jail since 2020, approached the high court after a trial court dismissed their bail pleas.
The prosecution had opposed the bail pleas, saying it was not a case of spontaneous riots but a case where riots were "planned well in advance" with a "sinister motive" and "well-thought-out conspiracy".
Solicitor General Tushar Mehta, appearing for the prosecution, further contended that the alleged conspiracy aimed to defame India at the global level, and that prolonged incarceration alone could not justify the grant of bail. "If you do anything against your nation, you better be in jail till you are acquitted," he argued.
What did Sharjeel Imam's counsel say?
Imam's counsel argued before the high court that he was “completely disconnected” from the alleged conspiracy, the place, time and co-accused persons, including Khalid. His speeches and WhatsApp chats, counsel submitted, never incited unrest.
Imam, Khalid and several others were charged under the Unlawful Activities (Prevention) Act (UAPA) and provisions of the IPC for allegedly being the "masterminds" of the February 2020 riots, which claimed 53 lives and left more than 700 injured. The violence had broken out during protests against the Citizenship (Amendment) Act (CAA) and the National Register of Citizens (NRC).
Imam was arrested on August 25, 2020. While challenging the trial court's order refusing bail, he, Khalid and others cited their long incarceration and claimed parity with certain co-accused who had already been granted bail. Their bail applications—filed by Imam, Saifi, Fatima and others—have been pending before the high court since 2022 and were heard intermittently by different benches.
Delhi Police opposed the bail applications of all accused, saying the communal violence of February 2020 was a case of "clinical and pathological conspiracy". Speeches by Khalid, Imam and co-accused created a sense of fear with their common pattern of reference to CAA-NRC, Babri mosque, triple talaq and Kashmir, the police alleged.
The police contended that in a case involving such "grave" offences, the principle of "bail is the rule and jail is the exception" could not be invoked. It also denied any "attempt by the prosecution" to delay the trial court proceedings, saying the right to speedy trial was not a "free pass".
(With PTI inputs)
