Delay In Trial No Ground For Bail In Cases Involving Terrorism: Police Concludes Arguments Opposing Release Of Delhi Riots Accused

The Delhi Police on Wednesday concluded its arguments in a batch of bail pleas filed by Umar Khalid, Sharjeel Imam and other accused persons in the UAPA case alleging a larger conspiracy to commit the 2020 North-East Delhi riots.

ASG Chetan Sharma appearing for the Delhi Police submitted before a division bench of Justice Navin Chawla and Justice Shalinder Kaur that there is nothing on record to suggest that there was any delay in trial caused by the prosecution.

“The trial court record does not suggest any part of the prosecution to delay the trial. When matters of national importance, integrity of the State, terrorism and gangsterism is concerned, the degree and nuance to adjudicate is totally different. It is distinct, different and unsparing,” the ASG said.

ASG Sharma referred to various recent judgments delivered by a coordinate bench while dealing with UAPA cases.

He referred to a decision from September last year when a coordinate bench, while denying bail to British national Jagtar Singh Johal in seven murder and UAPA, observed that while speedy trial is necessary as a Constitutional prescription, in cases involving anti-national activities and that too terrorism at an international scale, long incarceration in itself ought not to lead to enlargement on bail when facts show involvement in such activities.

“This sets the exact narrative of the point of adjudication which the defence and prosecution is urging before this court,” ASG said.

He further referred to another decision of the coordinate bench from last month wherein it was observed that long incarceration in itself cannot lead to an accused being released on bail where the case involves transnational terrorism and anti-national activities.

“Here (in the larger conspiracy case) 53 people lost their lives or were made to lose their lives. And the incarceration period in those cases (judgments referred by him) in which 1-2 deaths were there is more than the incarceration period of this case of diabolical murders and lynching,” Sharma said.

He added the larger conspiracy case relating to the Delhi riots raises the question on the integrity and sovereignty of the country.

During the hearing, SPP Amit Prasad referred to statements of some protected witnesses as well as other evidence to show the involvement of accused persons Athar, Salim Malik and Shadab.

He also referred to the order passed by the trial court today, which is hearing arguments on charge in the case, to show that the accused persons sought adjournment of two weeks. He said that similar orders were passed even on previous occasions and said that there was no delay caused by the prosecution.

The matter will now be heard on February 20 when the Court will hear rebuttal submissions.

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. 

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