New Delhi, Nov 18 The Supreme Court on Tuesday resumed hearing the bail pleas of student leaders Umar Khalid, Sharjeel Imam, Gulfisha Fatima, and other activists accused in the alleged "larger conspiracy" behind the 2020 North East Delhi riots.
They remain behind bars under the stringent Unlawful Activities (Prevention) Act (UAPA).
Opposing the bail petitions, Solicitor General Tushar Mehta, representing the Delhi Police, submitted before a Bench of Justices Aravind Kumar and N.V. Anjaria that the violence was a "well-designed, well-crafted" attack on national sovereignty and not a spontaneous communal clash.
"Your lordships were told, there was a protest, and it resulted in communal riots. First of all, I would like the myth to be busted. This was not a spontaneous riot but well-designed, well-crafted, orchestrated, preplanned, choreographed riots, and that will emerge from the evidence collected," SG Mehta submitted.
"This was not a spontaneous act of violence; this was an attack against the sovereignty of the nation—I say this with a sense of responsibility," Mehta added, claiming that evidence, including speeches and WhatsApp chats, revealed a "clear and discernible attempt to divide the society on communal lines."
Specifically referring to the alleged statements of accused Sharjeel Imam, the Centre’s lawyer stated, “He (Sharjeel Imam) says that it is my heartfelt wish that there be a chakka jam not just in Delhi but for every city where Muslims reside."
SG Mehta further quoted Imam, saying, "He goes on to say Muslims must unite and separate the entire northeast from the country. The real goal, he says, was that Delhi should not get milk or water. This was not a protest as sought to be made out!
He also sought to place reliance on WhatsApp chats recovered by the Delhi Police, which allegedly show "how the property is to be damaged, how money is to be collected," adding that it was "a systematic and synchronised attempt to divide the society and divide the nation."
SG Mehta argued that the delay in the trial proceedings was attributable to the accused since they were "not cooperating" and “each of them argued for 4-5 days for opposing framing of charges”. “Now in all cases where it’s difficult to defend on facts, the mechanism is to delay the trial and not to go into the merits and say 'give me bail'. This has become a pattern," added SG Mehta.
The Delhi Police, in its detailed counter-affidavit, had already described Umar Khalid as one of the "key conspirators" and a "mentor" to others, including Sharjeel Imam, and stated the conspiracy was pre-planned to be executed at the time of US President Donald Trump's official visit to India to draw "international media" attention.
Earlier, the Delhi High Court had dismissed the bail pleas of the activists.
The Supreme Court will continue hearing the Delhi Police's arguments on the bail pleas of Umar Khalid, Sharjeel Imam, and others on November 20.
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