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Synopsis

The Delhi High Court recently refused to entertain the plea moved by the accused and President of the Alumni Association of the Jamia Milia Islamia (AAJMI) Shifa Ur Rehman, seeking an early hearing on his bail plea pertaining to the Delhi riots larger conspiracy.

The division bench of Justice Navin Chawla and Justice Shalinder Kaur said, "Keeping in view the nature of this Board, it is not possible to accede to this request. The appeal is already listed for hearing on 25.11.2024 when an endeavour will be made to hear the same. List on 25th November,"

Notably, on October 7, the high court had listed the bail pleas of Shifa-Ur-Rehman, along with others namely Umar Khalid, and Sharjeel Imam, who are in docket for their alleged role in the larger conspiracy of Delhi Riots for November 25.

Three weeks back, the Karkardooma Court had warned the counsels of all accused in the Delhi riots case to "stop seeking constant adjournments and to be ready to argue the cases," as the matter is now scheduled to be heard on charge on a day-to-day basis. 

The bench, presided over by Additional Sessions Judge Sameer Bajpai, expressed surprise at the frequent adjournments being sought by the counsels and said, "It was informed that on the last date of the hearing, the matter should be heard on charge on a day-to-day basis, and after considering the submissions of the learned counsel for the accused persons, they would reach a consensus among themselves for addressing arguments in a particular sequence with their consent."

In June 2022, Rehman had moved the high court challenging the trial court order denying him bail in connection with the Delhi riots conspiracy case.

However, the Prosecution had argued that the 2020 sit-in protests were carefully planned, picking strategic protest sites which were close to mosques. The prosecution had referred to a December 20, 2019 meeting which was attended by co-accused Umar Khalid, harsh Mander, United Against Hate members, Swatantra Nagrik Sangathan, etc., arguing that the said meeting was key in deciding the areas of protest and strategies to mitigate police clashes by keeping women and children at the forefront. 

Background: 

Violence unfolded in Northeast Delhi during protests against the Citizenship Amendment Act (CAA), which led to widespread clashes between supporters and opponents of the Act. Numerous incidents of stone pelting, arson, and violent protests were reported, causing substantial loss of life and property.

The Delhi Police filed the FIRs in connection with the riots. Several individuals, including activists, students, and political figures, were named in various chargesheets, facing allegations under stringent laws such as the Unlawful Activities (Prevention) Act (UAPA). 

Case Title: Shifa Ur Rehman v. State of NCT