Delhi Riots UAPA Case: High Court Expresses Displeasure Over Lengthy Arguments By Prosecution In Khalid Saifi's Bail Hearing

The Delhi High Court on Tuesday expressed displeasure over lengthy arguments by the prosecution while opposing the bail plea of Khalid Saifi, an accused in the UAPA case alleging a larger conspiracy in the 2020 North-East Delhi riots.

A division bench of Justice Suresh Kumar Kait and Justice Manoj Jain asked Special Public Prosecutor Amit Prasad to file a convenience compilation defining the role of the accused and confine his arguments to the same.

As Prasad was referring to WhatsApp chats and other details from the chargesheet to show the role of various accused persons, the bench remarked that it is not going to read the long chargesheet at the stage of bail.

It added that unlimited time cannot be granted for a bail hearing and that reading chargesheet at such a stage would result in starting a trial which cannot be permitted.

During the hearing, Prasad referred to various WhatsApp chats of groups like Delhi Protests Support Group (DPSG) to show the role of the accused in the riots.

“If they are protesting, there is nothing wrong in that. It is a right,” Justice Kait remarked, asking Prasad to show the documents or evidence that it is a clear case of violence.

“We are not looking for a story. Show us the material, point out his role, we will consider…If there is no case with you, we can say no case. We can grant bail. Give us material against him. You start arguing and read 7000 pages. Who will read this? Come to what is his role,” the court said.

The matter is now listed for hearing on Monday. The bail plea of co-accused Gulfisha Fatima will also be heard that day.

In December 2022, a division bench comprising Justice Siddharth Mridul, who is now elevated as Chief Justice of Manipur High Court, had reserved the judgment in the bail pleas of Khalid Saifi and Guflisha Fatima, along with other co-accused persons. The same are being reheard now following Justice Mridul's elevation.

Khalid Saifi was denied bail by the trial court on April 08, 2022.

FIR 59 of 2020 is being probed by Delhi Police's Special Cell. Charges under different provisions of Indian Penal Code, 1860, as well as the stringent Unlawful Activities (Prevention) Act, 1967, have been invoked against the accused persons.

Title: Khalid Saifi v. State