HC dismisses plea for bail by Umar Khalid, Sharjeel Imam in case of conspiracy to Delhi riots [Read Judgment]

NEW DELHI: The Delhi High Court on Tuesday dismissed a bail plea filed by former JNU students Umar Khalid and Sharjeel Imam and others in a case related to a larger conspiracy for the 2020 Delhi riots, holding evidence collected against them can't be termed as weak at this stage.

A bench of Justices Shalinder Kaur and Navin Chawla found substance in the nature of the allegations, and specifically the submission by the State that the present is not a case of regular protest or riot matter, but rather a premeditated, well-orchestrated conspiracy to commit unlawful activities threatening the unity, integrity, and sovereignty of India.

The court said, in view of submissions, it becomes the arduous task of the court to strike a balance between individual rights and the interests of the nation, as well as the safety and security of the general public at large. "Therefore, these appeals do not succeed,'', the bench said, dismissing the plea.

The bench noted, in the present case, the probative value of the evidence against the appellants Imam and Khalid, ''prima facie and at this stage, cannot be branded as weak''.

The court also brushed aside the arguments for parity with co-accused Devangana Kalita, Natasha Narwal, and Asif Iqbal Tanha, who were earlier granted bail.

To consider the contention of parity, the court said, it is crucial for the courts to examine the role attributed to the accused and their position in relation to the incident in juxtaposition to that of the co-accused who was afforded the benefit of bail.

"In the conspectus of the allegations levelled, it emerges that the role of the appellants Imam and Khalid is prima facie grave in the entire conspiracy, having delivered inflammatory speeches on communal lines to instigate a mass mobilization of members of the Muslim Community,'' the bench said.

In contrast, although the co-accused persons were present in the conspiratorial meetings and were members of the WhatsApp groups, however, their role was limited when juxtaposed with the appellants, the court said, holding the plea of parity was not made out.  

With regard to their contention of delay in trial and prolonged incarceration, the court said, the prosecution has strongly alleged about the magnitude, and involvement of numerous conspirators, individuals, and organisations in mobilizing thousands of people in protest within the national capital, resulting in 54 deaths, injuries caused to numerous persons and destruction of movable and immovable public and private properties.

After noting that the trial is currently at the stage of hearing arguments on the framing of charges, the court said, it indicated that the case is progressing.  

In view of 3000-page of charge sheet and 30,000-page of electronic evidence and the number of witnesses, the bench said, the pace of the trial will progress naturally.

"A hurried trial would also be detrimental to the rights of both the appellants and the State," it said.

The court also dismissed similar bail plea by other accused Athar Khan, Abdul Khalid Saifi, Mohd Saleem Khan, Shifa Ur Rehman, Meeran Haider, Gulfisha Fatima and Shadab Ahmed.

[Read Judgment]

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