The Delhi High Court under the bench of Justice Navin Chawla and Justice Shalinder Kaur have dismissed the bail applications of nine individuals including former JNU students Umar Khalid and Sharjeel Imam in connection with the 2020 northeast Delhi riots conspiracy case under the Unlawful Activities (Prevention) Act (UAPA).
The accused, who have been incarcerated since 2020, contended that the prolonged detention without charge framing violated their constitutional right to a speedy trial. However, the Court found that the delay was attributable to the accused’s own actions, including requests for de-tagging and adjournments, rather than to the prosecution.
Solicitor General Tushar Mehta, representing the Delhi Police, argued that the accused were part of a coordinated effort to incite communal violence and disrupt national unity. He asserted that their activities, including participation in WhatsApp groups and sharing protest locations, were indicative of a larger conspiracy to divide the nation along religious lines.
In contrast, Senior Advocate Trideep Pais, representing Umar Khalid, contended that merely being part of a WhatsApp group without active participation or incitement does not constitute criminal activity. He emphasized that Khalid’s speeches were rooted in Gandhian principles and that there was no evidence linking him to any acts of violence or fund-raising for unlawful activities.
The decision by the Court underscores the gravity of the charges and the need to maintain public order, affirming that individuals accused of serious offenses under the UAPA are not entitled to bail merely due to delays in the trial process.
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