New Delhi: Umar Khalid and Sharjeel Imam, accused in the February 2020 Delhi riots case, have suffered a major setback from the Supreme Court. The top court has rejected their bail pleas. However, the Supreme Court has granted relief to five other accused in the same case, granting them bail. In its order, the Supreme Court stated that the roles of Umar Khalid and Sharjeel Imam appear to be different and more serious than those of the other accused, and therefore, they cannot be granted bail.
All the accused had approached the Supreme Court challenging the Delhi High Court’s September 2 order denying them bail in the case related to the alleged “larger conspiracy” of the Delhi riots of February 2020. Both have been charged under the Unlawful Activities (Prevention) Act (UAPA) and have been in judicial custody for over five years.
A bench of Justices Arvind Kumar and NV Anjaria reserved its verdict after the hearing concluded on December 10. During the hearing, Solicitor General Tushar Mehta and Additional Solicitor General SV Raju appeared for the central government, while senior advocates Kapil Sibal, Abhishek Singhvi, Siddharth Dave, Salman Khurshid, and Siddharth Luthra presented lengthy and detailed arguments on behalf of the accused.
The Delhi Police, strongly opposing the bail pleas of Umar Khalid, Sharjeel Imam, and other accused, had told the Supreme Court that the February 2020 Delhi riots were not spontaneous but were premeditated and carried out with the intention of undermining the sovereignty of India. According to the police, a case has been registered against Umar Khalid, Sharjeel Imam, and other co-accused under various sections of the Unlawful Activities (Prevention) Act, 1967 (UAPA) and the then Indian Penal Code (IPC). The investigating agency has alleged that these accused were masterminds of an alleged ‘larger conspiracy’ of the 2020 Delhi riots, which claimed the lives of 53 people and injured over 700.
What are the arguments from Sharjeel Imam and Umar Khalid’s side?
Senior advocate Siddharth Dave, appearing for Sharjeel Imam, argued in court that Imam is not a terrorist, as the defendants have portrayed him, nor is he anti-national, as alleged by the government. He said that Sharjeel Imam is a citizen of this country, an Indian citizen by birth, and has not been convicted of any crime so far. Siddharth Dave also argued that Sharjeel Imam was arrested on January 28, 2020, which was before the communal violence in North-East Delhi in February 2020.
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