New Delhi, Jan 21 (PTI) The Delhi High Court on Tuesday said it cannot “endlessly” hear the submissions in the bail hearing of Umar Khalid, Sharjeel Imam and others in a February 2020 riots’ case under UAPA.
A bench of Justices Navin Chawla and Shalinder Kaur observed the accused persons claimed there was “nothing” against them, and therefore, asked the police to show the specific roles attributed to each of them in the alleged conspiracy behind the violence.
“This has to end. This can’t go on like this.. This needs to end now. We can’t give you endless time,” the bench told the police counsel.
Special public prosecutor Amit Prasad sought time to file a note to specify the role of each accused.
He said the present batch of matters did not comprise simple bail pleas but appeals against trial court orders refusing the relief and therefore required a substantial hearing.
Prasad said two courts had already held that conspiracy was made out in the case.
Additional solicitor general Chetan Sharma, appearing for the police, urged the court to grant him some time to make submissions.
“You have to finish now. This can’t go on endlessly,” Justice Chawla said.
Khalid, Imam and others were booked under the Unlawful Activities (Prevention) Act (UAPA) and provisions of the IPC for allegedly being the “masterminds” of the violence, which left 53 dead and several injured.
The violence erupted during the protests against the CAA and NRC.
While challenging the trial court orders refusing bail, Khalid and others cited their long incarceration and parity with other co-accused who were granted bail.
On Tuesday, SPP Prasad reiterated the stand that Imam and others gave inflammatory speeches calling for a “chakka jam” and protests were not organic.
“Shaheen Bagh (protest site) was the brainchild of Sharjeel Imam, with resistance from locals,” he said.
He read Imam’s speech advocating “cutting the chicken neck” to block assess to Assam and “challenging the sovereignty of the country to implement a law”.
It was further argued that the protestors were “not on road on their own” and the violence of February 2020 was “exactly that they had planned”.
Prasad claimed the accused tried to “defer” the accountability by claiming BJP’s Kapil Mishra came with a pro-CAA group and gave a speech, following which the violence took place.
He had argued speeches by Khalid, Imam and others created a sense of fear after a common reference to CAA-NRC, Babri mosque, triple talaq and Kashmir.
It was argued that statements of several protected witnesses established the accused persons were not “innocent bystanders” who merely organised protest sites, but planned to cause violence through WhatsApp groups, resulting in registration of 751 FIRs related to the riots.
The police alleged “meeting of minds” of the accused persons, the transportation and use of women for stone pelting and the strategic management of protest sites by Jamia students.
Most bail pleas, including the ones by Imam, Gulfisha Fatima and Khalid Saifi, were filed in 2022, and heard by different benches from time to time.
Umar Khalid moved the high court in 2024 seeking bail for the second time, after his plea was dismissed by the high court in October, 2022.
The matter would be heard next on February 12. PTI ADS AMK
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