New Delhi, Dec 10 The Supreme Court on Wednesday reserved its verdict on the batch of petitions filed by student activists Umar Khalid and Sharjeel Imam, along with Gulfisha Fatima, Meeran Haider, Shifa-ur-Rehman, Shadab Ahmed, and Mohd. Saleem Khan, challenging the Delhi High Court’s refusal to grant them bail in the alleged “larger conspiracy” case linked to the 2020 Delhi riots.
The accused, facing charges under the stringent Unlawful Activities (Prevention) Act (UAPA), have been in custody for more than five years.
After hearing both sides, a bench comprising Justices Aravind Kumar and N.V. Anjaria reserved judgment and directed the petitioners as well as the prosecution to file any additional documents supporting their arguments by December 18.
In an earlier hearing, opposing the bail petitions, Solicitor General Tushar Mehta, representing the Delhi Police, had submitted 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," he argued.
"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," the SG added, claiming that evidence, including speeches and WhatsApp chats, revealed a "clear and discernible attempt to divide the society on communal lines".
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," he added.
The Delhi Police, in its detailed counter-affidavit, had described 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.
On September 2, the Delhi High Court had dismissed the bail pleas of Imam, Khalid and several others accused in the 2020 city riots "larger conspiracy" case.
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