Delhi Police Opposes Bail for Delhi Riots Case Accused, Highlights UAPA and Trial Delays
On Tuesday, the Delhi Police opposed the bail pleas of several individuals accused in the 2020 Delhi riots conspiracy case, emphasizing the stringent provisions of the Unlawful Activities (Prevention) Act (UAPA).
Additional Solicitor General (ASG) Chetan Sharma presented the case before the Division Bench of Justice Navin Chawla and Justice Shalinder Kaur, urging the Court to take a “very strict view” due to the gravity of the conspiracy.
Sharma emphasized that Article 21 (right to life and personal liberty) applies not only to the living but also to those who have been injured or killed, asserting, “This conspiracy was systematic, pathological, and executed by forces hostile to India—forces that have gained unchecked influence in our neighboring country.”
The hearing was focused on the bail petitions filed by Umar Khalid, Sharjeel Imam, Gulfisha Fatima, Khalid Saifi, and others, who have been imprisoned for several years without charges of being framed. Their primary argument for bail is the significant delay in the trial.
ASG Sharma argued that the accused had already been denied bail once, specifically in the case of Umar Khalid, and there had been no change in circumstances to warrant a fresh plea.
Referring to UAPA’s stringent provisions, Sharma stressed that the Court’s role at this stage is limited to a prima facie examination of the accusation, asserting that the accusation need only be reasonable for bail to be denied. Sharma referenced Supreme Court rulings in cases like NIA v. Zahoor Ahmad Shah Watali (2019) and Gurwinder Singh v. State of Punjab to emphasize that delays in trial do not automatically entitle the accused to bail.
Sharma also accused the defendants of intentionally delaying the trial process, citing specific orders passed by the trial judge. He concluded, “The record speaks for itself.”
The Court will continue hearing the Delhi Police’s arguments on Wednesday.
