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SC refuses to cancel bail granted to SIM card seller charged with UAPA in Delhi riots case

The top court rejected Delhi Police’s plea challenging Delhi High Court’s 23 October order granting bail to Faizan Khan in a case alleging conspiracy behind Delhi riots.

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New Delhi: The Supreme Court Monday refused to cancel the bail granted to Faizan Khan, one of the accused booked under the Unlawful Activities (Prevention) Act in an FIR alleging conspiracy behind the riots that took place in northeast Delhi in February this year. 

A bench comprising Justices Ashok Bhushan, R. Subhash Reddy and M.R. Shah rejected the petition filed by Delhi Police challenging the Delhi High Court’s 23 October order granting bail to Khan. 

The same Supreme Court bench had last month also refused to interfere with the Delhi High Court order granting bail to Pinjra Tod activist Devangana Kalita in another Delhi riots case filed against her.

While the Delhi Police had submitted that Kalita is an “influential person” and she could “tamper evidence” in the case, the bench had shot back asking: “How can she tamper evidence? She is not going to run away after evidence.”


Also read: Belated FIRs, planted witnesses — a look at Justice Kait’s bail orders in Delhi riots cases


Nothing except bald witness statements: HC

According to the high court order, Delhi Police had submitted that Khan, along with co-accused Asif Iqbal Tanha, were “actively involved in executing the preparatory work for commission of the unlawful and terrorist act executed by the other accused”.

To this end, they have alleged that Khan had supplied and activated the SIM card, which was registered fraudulently in the name of one Abdul Jabbar, but actually used by the Jamia Coordination Committee, headed by Jamia Millia Islamia student and co-accused, Safoora Zargar

The Delhi Police has claimed Tanha had visited Khan’s shop — where Khan worked as a promoter for Airtel mobile connections — and demanded a SIM card on a “fake ID” to be used during the protests against the Citizenship Amendment Act (CAA). Two witness statements were also produced to show that Tanha had visited the shop demanding a fake SIM card. 

“He (the witness) also stated that accused Faizan Khan told him that SIM card on fake ID is very essential as the same was to be delivered to Asif Iqbal Tanha, who was fighting for his ‘QUOM’ (community),” the high court order said, referring to the witness statement. 

The police’s case, therefore, was that Khan had deliberately activated this SIM in furtherance of the conspiracy to commit acts leading to the riots. He was arrested on 29 July.

However, Justice Suresh Kumar Kait of the high court had rejected these submissions, asserting that the strict bail provisions under the UAPA would not apply in this case as the police had failed to provide any material to back up their accusations that he had committed terrorism-related offences.

“It is pertinent to mention here that the onerous conditions/embargo under section 43D (5) of the UAPA, 1967 will not be applicable in the present case qua the petitioner herein as per the material on record and the investigating agency’s owns status report, which does not disclose the commission of the offences under the UAPA, 1967, except bald statements of the witnesses,” the court had observed.

No ‘proximate nexus’ between SIM sale and riots

In its order, the high court had noted there was no allegation that Khan himself was a part of such WhatsApp groups, which were made to coordinate or organise protests against the CAA.

“Moreover, there is no allegation against the petitioner that he engaged in any form of terror funding or such other ancillary activity,” it noted.

The court further pointed out that the transaction relating to the SIM card had allegedly taken place in December last year, while the violence erupted in Delhi in February this year.

“There is no proximate nexus between the aforesaid alleged incidents nor is it alleged that the said SIM card was provided, on the pretext or with the intention/objective, to be utilised for organising protests etc,” it added. 

Noting that the bar against granting bail to someone accused of terror offences under Section 43D(5) of the UAPA was not attracted in this case, the high court granted bail to Khan on the furnishing of a personal bond for Rs 25,000.


Also read: Police book 1 man in 10 Delhi riots cases with 3 cops as witnesses in all, court gives bail


 

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