2020 Delhi Riots Larger Conspiracy Case: Order on bail pleas of Umar Khalid, 7 others reserved

Notably, Saifi, Fatima, Mohd Saleem Khan and Shifa ur Rehman had completed arguments for bail twice earlier before two HC benches. However, the judges, after being appointed as Chief Justices of other HCs, did not deliver their verdict.

This comes a day after a HC bench had orally remarked, “for how long can a person be kept in jail”, while hearing a plea by Tasleem Ahmed, who was arrested by the Delhi Police Special Cell in June 2020 under the Unlawful Activities (Prevention) Act. The HC had noted that “five years have gone by”, and yet the arguments on the charge remain to be completed.

Further, CJI B R Gavai, delivering a lecture on July 6, had said, “In the recent past, this principle (of bail is the rule and jail is the exception) was somewhat forgotten. I am happy to state that I had the opportunity in the last year, 2024, to reiterate this legal principle in the cases of Prabir Purkayastha, Manish Sisodia, and Kavita vs ED.”

On Wednesday, arguing against the bail pleas, the Delhi Police – represented by Solicitor General Tushar Mehta – told the bench of Justices Chawla and Kaur: “Umar Khalid and Sharjeel Imam were preparing to divide the nation, cutting the nation on the basis of religion… They are all acting in concert, Gufisha, Umar, everyone – they are in touch with each other by the WhatsApp group and conspiracy is taking place…”

“In cases involving anti-national activities, long incarceration is not a factor. This is an attack on the sovereignty of the country. By attacking the National Capital, it would have an effect on the entire country. If you are doing something against the nation, you better be in jail till you are acquitted or convicted… Long incarceration is certainly a ground (for bail) but not in such matters where you are ensuring that the country bleeds violence and wanting to break the country in two parts.”

Mehta further said, “I want to show what the intellectuals are doing, dividing the nation on religious lines. Imam had delivered a speech indicating a four-week timeline for executing (the conspiracy)… They (petitioners) showed a narrative that intellectual are in jail. Their intention was to divide the nation on religious lines. This is not a spontaneous riot… The intention was to cause national embarrassment at global level. 24 February 2020 was the day of US President visit… There was clear unambiguous intention of putting entire nation to shame by doing something in the National Capital…”

The police probe in the case was “one of the finest investigations” which had been carried out, he added.

The accused are facing allegations of pre-planned conspiracy to allegedly cause riots in East Delhi between February 23, 2020 and February 25, 2020.