The Delhi High Court on Tuesday refused bail to former Jawaharlal Nehru University (JNU) students Umar Khalid and Sharjeel Imam, along with seven other accused, in connection with the alleged larger conspiracy behind the 2020 North-East Delhi riots. The case falls under the stringent Unlawful Activities Prevention Act (UAPA).
The nine individuals who sought bail include Sharjeel Imam, Umar Khalid, Mohd Saleem Khan, Shifa Ur Rehman, Athar Khan, Meeran Haider, Shadab Ahmed, Abdul Khalid Saifi, and Gulfisha Fatima. The decision was delivered by a division bench comprising Justices Navin Chawla and Shalinder Kaur, who stated, “All appeals are dismissed”, Bar and Bench reported.
Earlier in the day, another bench of the High Court had dismissed a separate bail plea filed by Tasleem Ahmed in relation to the same case.
Prolonged Incarceration Cited by Defence
The accused had sought bail primarily on the grounds of delay in the trial, which they argued had resulted in prolonged incarceration. The trial court is yet to formally frame charges against them. Umar Khalid, who was arrested in September 2020, faces charges including criminal conspiracy, rioting, and unlawful assembly under the UAPA, among other offences.
This marks Khalid’s second attempt at securing bail. The trial court had initially denied him bail in March 2022, after which he approached the High Court. His plea was again rejected in October 2022, prompting him to file an appeal before the Supreme Court.
In May 2023, the Supreme Court sought a response from the Delhi Police, with the plea being adjourned 14 times. On 14 February 2024, Khalid withdrew his Supreme Court bail petition, citing a change in circumstances.
Legal Arguments, Evidence Under Scrutiny
Senior Advocate Trideep Pais, representing Umar Khalid, addressed the WhatsApp group conversations cited by Delhi Police as evidence. According to Bar and Bench, he explained, “Merely being on a group is not any indication of anything wrong, in this case I have not even said anything. I only shared the location of a protest site when someone asked for it. Someone sent me a message. If someone chooses to inform me, it is not attributable to me. Anyway, there was no criminality in the message.”
Pais further emphasised that no allegations of violence or fundraising for illegal activities had been levelled against Khalid, adding that his speeches were rooted in Gandhian principles.
Opposing the bail pleas, Solicitor General Tushar Mehta, representing Delhi Police, contended that the accused were conspiring to divide the nation along religious lines. “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,” Mehta argued.
Senior Advocate Salman Khurshid represented Shifa Ur Rehman, while Senior Advocate Rebecca John appeared for Abdul Khalid Saifi.
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