New Delhi, Oct 27 The Supreme Court on Monday pulled up the Delhi Police for seeking additional time to file its counter-affidavit in the bail petitions filed by student activists Umar Khalid, Sharjeel Imam, Meeran Haider, Gulfisha Fatima, and Shifa-ur-Rehman, all accused in the 2020 Delhi riots “larger conspiracy” case under the Unlawful Activities (Prevention) Act (UAPA).
A Bench of Justices Aravind Kumar and N.V. Anjaria made it clear that the matter should not be delayed further and posted it for hearing on Friday, directing the Delhi Police to file their counter-affidavits in the meantime.
At the outset, Additional Solicitor General (ASG) S.V. Raju, appearing for the Delhi Police, sought two weeks to file a response. However, the Justice Kumar-led Bench refused to accede to the request, observing that sufficient time had already been given.
“We have given you enough time. You may be appearing for the first time. Last time, we said issue notice and we said in open court that we will hear this matter on October 27 and dispose it of,” the apex court remarked.
When ASG Raju pressed for at least one week, the Justice Kumar-led Bench was unmoved. “What is the question of a counter-affidavit in a bail matter?” it said.
Senior advocates Kapil Sibal and Abhishek Manu Singhvi, appearing for the petitioner side, opposed the plea for adjournment, highlighting that the accused had already spent over five years behind bars without trial.
“When the matter is about delay, there cannot be more delay,” Singhvi argued.
“The petitioners have been in jail for more than five years,” Sibal added, urging the top court to proceed with the hearing.
At this, Justice Kumar-led Bench remarked, “Mr Raju, examine if you can think of coming out with something… after all, it is a matter of bail… five years they have completed,” Justice Kumar remarked.
“Let me have a look at it, but sometimes appearances can be deceptive,” responded ASG Raju.
The Supreme Court then listed the matter for Friday.
The petitioners have challenged the Delhi High Court’s order denying them bail, which had held that there was prima facie material to suggest a conspiracy behind the 2020 riots.
The Supreme Court had issued notice to the Delhi Police on September 22. The February 2020 Delhi riots, which erupted amid protests against the Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC), claimed 53 lives and left over 700 injured.
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