NEW DELHI: The Delhi high court on Tuesday reserved its order on the bail pleas of activists Sharjeel Imam and Umar Khalid in connection with a UAPA case linked to the alleged conspiracy behind the February 2020 Delhi riots .
A bench of Justices Navin Chawla and Shalinder Kaur reserved its verdict after hearing arguments from both the prosecution and defence. The bail pleas have been pending since 2022 and were heard by different benches over time.
Both Imam and Khalid are accused of being part of a larger conspiracy that led to the communal violence in Northeast Delhi, which resulted in over 50 deaths and left more than 700 injured. The case is being prosecuted under provisions of the Unlawful Activities (Prevention) Act and the Indian Penal Code.
The prosecution, represented by Solicitor General Tushar Mehta, opposed the bail pleas, arguing that the riots were not spontaneous but part of a pre-planned conspiracy with a sinister motive. “If you do anything against your nation, you better be in jail till you are acquitted,” Mehta said, adding that prolonged incarceration alone is not a valid ground for bail.
According to the police, the violence was “clinical and pathological” in nature. The speeches made by the accused allegedly followed a common pattern referencing the CAA-NRC, Babri Masjid, triple talaq, and Kashmir, which the police claim helped incite fear and unrest.
Imam’s counsel argued that he was “completely disconnected” from the time, place, and co-accused in the case, including Khalid. His speeches and WhatsApp chats, they said, contained no incitement to violence. The defence also pointed to parity with other accused who have been granted bail and highlighted the prolonged pre-trial detention of the applicants.
The February 2020 riots broke out amid nationwide protests against the Citizenship Amendment Act (CAA) and National Register of Citizens (NRC). Initially, clashes occurred between supporters and opponents of the laws but soon escalated into days of large-scale violence involving arson, stone-pelting and gunfire.
Police have accused Khalid, Imam, and others of being the "masterminds" of the violence and say there is no evidence that the prosecution has intentionally delayed the trial. They further argued that the right to a speedy trial is not a "free pass" in cases involving such serious allegations.
A bench of Justices Navin Chawla and Shalinder Kaur reserved its verdict after hearing arguments from both the prosecution and defence. The bail pleas have been pending since 2022 and were heard by different benches over time.
Both Imam and Khalid are accused of being part of a larger conspiracy that led to the communal violence in Northeast Delhi, which resulted in over 50 deaths and left more than 700 injured. The case is being prosecuted under provisions of the Unlawful Activities (Prevention) Act and the Indian Penal Code.
The prosecution, represented by Solicitor General Tushar Mehta, opposed the bail pleas, arguing that the riots were not spontaneous but part of a pre-planned conspiracy with a sinister motive. “If you do anything against your nation, you better be in jail till you are acquitted,” Mehta said, adding that prolonged incarceration alone is not a valid ground for bail.
According to the police, the violence was “clinical and pathological” in nature. The speeches made by the accused allegedly followed a common pattern referencing the CAA-NRC, Babri Masjid, triple talaq, and Kashmir, which the police claim helped incite fear and unrest.
Imam’s counsel argued that he was “completely disconnected” from the time, place, and co-accused in the case, including Khalid. His speeches and WhatsApp chats, they said, contained no incitement to violence. The defence also pointed to parity with other accused who have been granted bail and highlighted the prolonged pre-trial detention of the applicants.
The February 2020 riots broke out amid nationwide protests against the Citizenship Amendment Act (CAA) and National Register of Citizens (NRC). Initially, clashes occurred between supporters and opponents of the laws but soon escalated into days of large-scale violence involving arson, stone-pelting and gunfire.
Police have accused Khalid, Imam, and others of being the "masterminds" of the violence and say there is no evidence that the prosecution has intentionally delayed the trial. They further argued that the right to a speedy trial is not a "free pass" in cases involving such serious allegations.
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