Delhi Police Says Delhi Riots Conspired By Forces 'Inimical To India', Opposes Bail Of Umar Khalid, Sharjeel Imam & Others In UAPA Case

The Delhi Police on Tuesday (January 07) told the Delhi High Court that the 2020 North-East Delhi riots were well planned and the alleged conspiracy to execute the same was “clinical and pathological.”

The submission was made by ASG Chetan Sharma before a division bench comprising Justice Navin Chawla and Justice Shalinder Kaur.

“This conspiracy is clinical, pathological and planned to execute by forces inimical to India…The same forces which have let themselves out on the leash in our neighboring country,” he said.

ASG Sharma opposed the bail pleas filed by Umar Khalid, Sharjeel Imam and other accused persons in connection with the UAPA case alleging a larger conspiracy related to the riots.

Regarding Umar Khalid, Sharma said that there is no factual change in his case to warrant judicial interference at this stage and to grant him relief in his second regular bail plea. He was first denied bail by the High Court in October 2022.

“The law is settled that second bail is justifiable if there is any substantial change in the factual matrix. Lack of change in facts makes this appeal a non starter in law,” Sharma said.

ASG Sharma also referred to a trial court order passed last year warning the accused persons that the arguments on charge should not get delayed further unnecessarily on their part.

Blaming the accused persons for delay while referring to various orders, ASG Sharma said: “The trial is day to day from September 2023. The record is speaking for itself.”

Calling it a well planned conspiracy, Sharma referred to various judgments on UAPA and requested the Court to take a strict view in the matter.

The matter will be heard tomorrow when SPP Amit Prasad will be arguing on facts.

The bench is hearing the bail pleas filed by Umar Khalid, Sharjeel Imam, Mohd. Saleem Khan, Shifa ur Rehman, Shadab Ahmed, Athar Khan, Khalid Saifi and Gulfisha Fatima. 

Delhi Police's appeal against bail granted to accused Ishrat Jahan is also listed in the batch.

Umar Khalid was denied bail in October 2022 by the Delhi High Court. He then approached the Supreme Court but later withdrew his SLP. A second regular bail plea was filed by him in the trial court which was rejected earlier this year. 

Khalid's appeal challenging the rejection of his second regular bail plea is pending before the Delhi High Court.

FIR 59 of 2020 was registered by Delhi Police's Special Cell under various offences under the Indian Penal Code, 1860 and the Unlawful Activities (Prevention) Act, 1967.

The accused in the case are Tahir Hussain, Umar Khalid, Khalid Saifi, Isharat Jahan, Meeran Haider, Gulfisha Fatima, Shifa-Ur-Rehman, Asif Iqbal Tanha, Shadab Ahmed, Tasleem Ahmed, Saleem Malik, Mohd. Saleem Khan, Athar Khan, Safoora Zargar, Sharjeel Imam, Faizan Khan and Natasha Narwal.

Title: Umar Khalid v. State and other connected matters