The apex court is scheduled to hear on Friday the bail pleas of student activists Umar Khalid, Sharjeel Imam, Meeran Haider, Gulfisha Fatima, and Shifa-ur-Rehman, all accused in the alleged 2020 Delhi riots “larger conspiracy” case
NEW DELHI — As the Supreme Court is prepared to take up the bail petitions filed by student activists Umar Khalid and others in the 2020 Delhi riots “larger conspiracy” case, an affidavit filed by the Delhi Police has claimed that the violence was aimed at enforcing a “regime change”.
In the affidavit Delhi Police said that both the student activists Umar Khalid and Sharjeel Imam had premeditated and meticulously coordinated the conspiracy behind the 2020 Delhi riots.
Citing chats, witness statements, and call records linking their activities from December 2019 onwards, the affidavit described Umar Khalid as one of the “key conspirators” and a “mentor” to others, including Sharjeel Imam, for mobilising students, creating protest networks, and selecting demonstration sites that allegedly turned violent.
As per the reply document, the conspiracy was pre-planned to be executed at the time when US President Donald Trump was to make an official visit to India.
“This was done so as to draw the attention of ‘international media’ and to make the issue of CAA a global issue by portraying it as an act pogrom of Muslim community in India. The issue of CAA was carefully chosen as to serve as a ‘radicalising catalyst’ camouflaged in the name of ‘peaceful protest’,” the affidavit said.
In its 389-page affidavit , the Delhi Police said, “In offences that strike at the very root of the integrity of India [UAPA offences], ‘jail and not bail’ is the rule.”
“The allegations against the petitioner are prima facie true. The onus of refuting the said presumption rests with the petitioners, which they have miserably failed to discharge,” it added.
The police opposed the grant of bail merely on the grounds of the delay in the trial. According to the Delhi Police, petitioners themselves were responsible for the delay in the matter.
On Monday, the Supreme Court rapped up the Delhi Police for additional time to file its counter-affidavit in the bail petitions filed by student activists 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 of it,” 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 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. — IANS
