The Supreme Court on Monday restrained the Delhi Police for failing to file a reply to bail pleas filed by Umar Khalid, Sharjeel Imam, Gulfisha Fatima and three other accused in a wider conspiracy case related to the 2020 northeast Delhi riots.
“In all matters relating to bail, filing a reply is out of the question,” observed Justice Aravind Kumar and NV Anjaria of the Supreme Court according to Bar and Bench.
During the hearing on Monday, Additional Solicitor General (ASG) SV Raju reportedly sought two more weeks to respond to the appeals filed by the accused.
The Supreme Court said it had given the Delhi Police enough time to respond to the objections and had earlier made it clear that the matter would be resolved on October 27.
“We have made it clear. You (ASG SV Raju) may appear for the first time. We have given enough time,” the bench replied.
The Supreme Court then told the ASG to argue tomorrow or the day after tomorrow (October 28/29). However, ASG Raju demanded more time to reply.
“No, no, arguing with the counter the day after. Mr. (Kapil) Sibal said before Diwali and we said no,” it read.
The Supreme Court finally adjourned the case until Friday.
It also pointed to the fact that the accused have been in prison for about five years without trial.
“Make sure you have proper instructions on Friday…we will hear it. We will see if you can Mr. Raju…if anything can be done…it is only about considering bail. See, 5 years are already gone,” the court said.
What happened?
Umar Khalid and others filed a petition in the Supreme Court against the September 2 order of the Delhi High Court denying them bail. The Supreme Court issued a notice to the Delhi Police on September 22.
Khalid was arrested in September 2020 and charged with criminal conspiracy, disorderly conduct, unlawful assembly, as well as several other offenses under the Unlawful Activities Prevention Act (UAPA). He has been in prison ever since.
Delhi riots case: Timeline of Umar Khalid’s bail applications
Imam has also been booked in several FIRs in several states, mostly under sedition and UAPA charges.
The case revolves around the riots that occurred in February 2020 following clashes over the then proposed Citizenship Amendment Act (CAA).
According to Delhi Police, the riots left 53 people dead and hundreds injured.
The present case relates to allegations that the accused had hatched a larger conspiracy to cause multiple riots.
An FIR has been registered in this case by the Special Cell of the Delhi Police under various provisions of the Indian Penal Code (IPC) and the UAPA.
Most of the accused have been registered in multiple FIRs, leading to multiple bail applications in different courts. Most are in custody as of 2020.
