The six accused in the Delhi riots larger conspiracy case concluded their arguments before the Supreme Court on Tuesday in their bail petitions in the case against them under the Unlawful Activities Prevention Act (UAPA).
A Bench of Justices Aravind Kumar and NV Anjaria heard rejoinder arguments by the six accused - Umar Khalid, Sharjeel Imam, Gulfisha Fatima, Meeran Haider, Shadab Ahmed and Mohd Saleem Khan. At hearing today, Imam's counsel contended that while some parts of his offending speeches (which have led to the case against him) were unpalatable, it would not per se be sufficient to invoke UAPA against him, particularly since he has not been named in any of the 750 FIRs relating to actual riot violence and killings.Therefore, he sought bail citing long incarceration of 6 years as an undertrial prisoner.
The other accused also concluded their arguments today.Additional Solicitor General SV Raju will make his arguments tomorrow on behalf of the Delhi Police.Khalid and others moved the top court against the Delhi High Court's September 2 order denying them bail. The top court had issued notice to the police on September 22.The riots occurred in February 2020 following clashes over the then-proposed Citizenship Amendment Act (CAA). As per the Delhi Police, the riots caused the death of 53 persons and injured hundreds.
The present case pertains to allegations that the accused had hatched a larger conspiracy to cause multiple riots. The FIR in this case was registered by a Special Cell of the Delhi Police under various provisions of the Indian Penal Code (IPC) and the anti-terror law, Unlawful Activities Prevention Act (UAPA).Khalid was arrested in September 2020 and charged with criminal conspiracy, rioting, unlawful assembly as well as several other offences under UAPA.He has been in jail since then.
Imam too was booked in multiple FIRs across several States, mostly under sedition and UAPA charges. Though he secured bail in other matters, he is yet to get bail in the present case on larger consipracy.On September 2, the Delhi High Court denied the accused bail, prompting Khalid and the others to move the Supreme Court for relief. The top court had issued notice to the police on September 22.
In response to the bail petitions, the Delhi Police filed an affidavit contending that there is irrefutable documentary and technical evidence pointing to a conspiracy for a "regime-change operation" and plans to incite nationwide riots on communal lines and kill non-Muslims.
Meanwhile, the Delhi Police argued that the six accused cannot seek parity with the three other accused who were granted bail earlier by the Delhi High Court.Senior Advocate Siddhartha Dave, appearing for Sharjeel Imam, told the Court that Imam already secured bail in the case registered against him for the speech itself."Where I gave the speech, where the FIR is registered I am already enlarged on bail. In the trial for the speech, I have been enlarged on bail," he said.It is only in the present larger conspiracy case registered by the Delhi Police on the basis of that speech that Imam is yet to get bail.
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