Delhi HC rejects bail pleas of Umar Khalid, Sharjeel Imam and 7 others in UAPA case
The list of accused whose pleas were dismissed includes Athar Khan, Khalid Saifi, Mohd Saleem Khan, Shifa ur Rehman, Meeran Haider, Gulfisha Fatima and Shadab Ahmed, apart from Imam and Khalid.
The list of accused whose pleas were dismissed includes Athar Khan, Khalid Saifi, Mohd Saleem Khan, Shifa ur Rehman, Meeran Haider, Gulfisha Fatima and Shadab Ahmed, apart from Imam and Khalid.
The list of accused whose pleas were dismissed includes Athar Khan, Khalid Saifi, Mohd Saleem Khan, Shifa ur Rehman, Meeran Haider, Gulfisha Fatima and Shadab Ahmed, apart from Imam and Khalid.
New Delhi: The Delhi High Court has denied bail to Umar Khalid, Sharjeel Imam and seven other accused in connection with the alleged “larger conspiracy” behind the 2020 Delhi riots. A division bench comprising Justice Naveen Chawla and Justice Shalinder Kaur delivered the ruling.
The list of accused whose pleas were dismissed includes Athar Khan, Khalid Saifi, Mohd Saleem Khan, Shifa ur Rehman, Meeran Haider, Gulfisha Fatima and Shadab Ahmed, apart from Imam and Khalid.
Dates of arrest
- Sharjeel Imam – January 28, 2020
- Umar Khalid – September 13, 2020
- Athar Khan – June 29, 2020
- Khalid Saifi – February 26, 2020
- Mohd. Saleem Khan – June 24, 2020
- Shifa ur Rehman – April 26, 2020
- Meeran Haider – April 01, 2020
- Gulfisha Fatima – April 04, 2020
- Shadab Ahmed – June 11, 2020
All of them had approached the High Court challenging the trial court orders that previously turned down their requests for bail.
During the hearings, Umar Khalid’s counsel, Senior Advocate Trideep Pais, argued that his client’s mere presence in WhatsApp groups, without sending any message, did not amount to any criminal act. He further pointed out that no money or other incriminating material was recovered from Khalid, adding that the alleged meeting of 23–24 February 2020 was not “secretive” as claimed by the prosecution.
Khalid Saifi’s counsel, Senior Advocate Rebecca John, questioned the applicability of UAPA, stating: “Can UAPA on the basis of innocuous messages or their (prosecution) attempt to make stories out of such messages, can it become a reason to deny me bail or is it even a ground to prosecute me under UAPA?” She also argued that Saifi was entitled to bail on grounds of parity, noting that three other accused were released in June 2021.
Sharjeel Imam contended that he had no connection with the co-accused and was not involved in any conspiracy meetings as alleged. His lawyer, Advocate Talib Mustafa, pointed out that the prosecution had relied only on Imam’s speech delivered in Bihar, which took place before January 23, 2020.
Opposing the bail applications, Solicitor General Tushar Mehta, representing Delhi Police, stated: “If you are doing something against the nation, then you better be in jail till you are acquitted or convicted.” He further alleged that the accused intended to defame the country internationally by instigating riots and arson on specific dates.
Special Public Prosecutor Amit Prasad also appeared for Delhi Police in the matter. Another bench comprising Justice Prasad and Justice Harish Vaidyanathan Shankar is hearing the case of co-accused Tasleem Ahmed.
The FIR in the matter, numbered 59 of 2020, was registered by Delhi Police’s Special Cell under provisions of the Indian Penal Code (IPC), 1860, and the Unlawful Activities (Prevention) Act (UAPA), 1967.
The charge sheet in the case names Tahir Hussain, Umar Khalid, Khalid Saifi, Ishrat 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 are among the accused.
(With LiveLaw Inputs)