A Delhi court on Saturday issued notice to the Delhi Police on petitions filed by Umar Khalid and Sharjeel Imam, who were booked under the stringent provisions of the Unlawful Activities (Prevention) Act, 1967, over their alleged involvement in the larger conspiracy case relating to the 2020 North-East Delhi riots.
Vacation Judge Dr. Sumedh Kumar Sethi of the Karkardooma Courts sought response from the Delhi Police on the regular bail applications and listed the matter for further hearing on July 4.
The fresh petitions have been filed after a coordinate Bench of the Supreme Court recently questioned the interpretation adopted in the earlier judgments denying bail to the two accused. The Apex Court is presently examining the legal principles governing the grant of bail under the UAPA, particularly in cases involving prolonged incarceration and delayed trial proceedings.
Imam contended in his application that despite the passage of more than six months since the Supreme Court’s judgment refusing bail, there has been no meaningful progress in the trial. He submitted that arguments on charge remained incomplete and that he continued to remain in custody despite having spent nearly six years in prison in connection with the case.
On March 6, 2020, the Special Cell of the Delhi Police lodged FIR No. 59 of 2020, invoking various offences under the Indian Penal Code (IPC), 1860, along with provisions of UAPA, in connection with the communal violence that took place in North-East Delhi in February 2020.
According to the prosecution, the accused were involved in a conspiracy that allegedly culminated in the riots that resulted in loss of life, injuries and widespread destruction of property. The allegations have been disputed by the accused, who have consistently maintained that they have been falsely implicated.
The proceedings assume significance in light of the ongoing debate surrounding prolonged pre-trial detention in UAPA cases. The Supreme Court has recently expressed concern regarding delays in the commencement and conclusion of trials under the special anti-terror legislation and has been examining the extent to which constitutional guarantees of personal liberty and speedy trial should influence consideration of bail applications.
Apart from Imam and Khalid, Delhi Police had named former Aam Aadmi Party councillor Tahir Hussain, Khalid Saifi, Ishrat Jahan, Meeran Haider, Gulfisha Fatima, Shifa-Ur-Rehman, Asif Iqbal Tanha, Shadab Ahmed, Tasleem Ahmed, Saleem Malik, Mohammad Saleem Khan, Athar Khan, Safoora Zargar, Faizan Khan and Natasha Narwal as accused in FIR No. 59 of 2020.
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