Delhi Riots Conspiracy Case: Umar Khalid, Sharjeel Imam Move Fresh Bail Pleas; Court Seeks Police Reply

Vacation Judge Dr. Sumedh Kumar Sethi of the Karkardooma Courts on Thursday issued notice on their bail applications and sought a response from the Delhi Police.

The matter has been listed for hearing on July 4.

The fresh bail pleas have been filed after a coordinate Bench of the Supreme Court recently raised questions regarding the interpretation adopted while denying bail to the two accused in the case.

The case arises out of FIR No. 59/2020, registered by the Delhi Police Special Cell in connection with the alleged larger conspiracy behind the communal violence that erupted in North East Delhi in February 2020. The FIR invokes multiple provisions of the Indian Penal Code, 1860, along with offences under the UAPA.

In his bail application, Sharjeel Imam has highlighted that despite more than six months having elapsed since the Supreme Court's judgment refusing bail, there has been no meaningful progress in the trial. He has pointed out that arguments on charge are yet to conclude and that he has remained incarcerated for nearly six years.

Imam has contended that the prolonged delay in the proceedings has resulted in continued detention without commencement of trial, strengthening his claim for grant of regular bail.

Umar Khalid has also sought regular bail on similar grounds before the trial court.

The two accused are among several individuals facing prosecution in the conspiracy case. Others named in the FIR include former AAP councillor Tahir Hussain, Khalid Saifi, Ishrat Jahan, Meeran Haider, Gulfisha Fatima, Shifa-ur-Rehman, Asif Iqbal Tanha, Shadab Ahmed, Tasleem Ahmed, Saleem Malik, Mohammad Saleem Khan, Athar Khan, Safoora Zargar, Faizan Khan and Natasha Narwal.

The prosecution alleges that the accused were part of a larger conspiracy that culminated in the North East Delhi riots of February 2020. The accused have consistently denied the allegations.

The bail applications assume significance in light of the Supreme Court's recent observations concerning the denial of bail and the prolonged pendency of proceedings in the case. With the trial still at the stage of arguments on charge and several accused having spent years in custody, the issue of prolonged incarceration is expected to feature prominently during the hearing.

The Delhi Police is expected to file its response before the next date of hearing. The matter will now be taken up by the Karkardooma Court on July 4.

Recently, the High Court had granted Khalid a three-day interim bail in the larger conspiracy case connected to the 2020 northeast Delhi riots, allowing him to meet his mother, who is scheduled to undergo surgery, and attend the Chehlum ceremony of his deceased uncle. The Court had held that the circumstances warranted a humanitarian approach and temporarily released Khalid despite the pendency of serious charges against him under the Unlawful Activities (Prevention) Act, 1967 (UAPA).

Earlier, Additional Sessions Judge Sameer Bajpai at Karkardooma court rejected the bail plea of Umar Khalid.

By granting only three days of interim bail instead of the fifteen days sought, the High Court sought to balance Khalid’s personal circumstances with the concerns raised by the prosecution regarding the nature of the allegations against him.