New Delhi, Oct 27 (UNI) The Supreme Court today expressed strong displeasure at the Delhi Police’s failure to file its response to the bail petitions of Umar Khalid, Sharjeel Imam, Gulfisha Fatima and three others accused in the larger conspiracy case related to the 2020 North-East Delhi riots.
A Bench comprising Justice Aravind Kumar and Justice N V Anjaria noted that the police had been granted sufficient time to respond and had previously been informed that the matter would be disposed of today.
The Court, however, adjourned the hearing on the bail pleas in the UAPA case linked to the alleged February 2020 Delhi riots, rescheduling it for October 31.
When Additional Solicitor General (ASG) SV Raju, representing the Delhi Police, requested an additional two weeks to file a response, the Bench refused to grant more time.
“We made it clear. You [ASG] may be appearing for the first time. We granted sufficient time,” the Court said.
The Bench directed the ASG to be ready to argue the case “tomorrow or day after,” rejecting the plea for a longer adjournment.
“No, no, argue the day after with a counter. Mr. Kapil Sibal said before Diwali and we said no,” the Court remarked, making its intention to proceed without further delay clear.
Ultimately, the matter was adjourned to Friday, with the Court observing that the accused had already spent nearly five years in custody without trial.
“On Friday, you ensure you have proper instructions. We will hear it. See if you can, Mr. Raju. if something can be done. This is only about consideration of bail. See, five years are over already,” Justice Kumar told the ASG.
Senior advocates Kapil Sibal and Abhishek Manu Singhvi, appearing for the accused, strongly opposed the request for adjournment. “When the matter is about delay, there cannot be more delay,” Singhvi argued.
The petitions before the apex court challenge the Delhi High Court’s September 2 order denying bail to the accused. The Supreme Court had earlier issued notice to the Delhi Police on September 22.
The North-East Delhi riots of February 2020, which erupted amid protests against the Citizenship Amendment Act (CAA), left 53 people dead and hundreds injured.
The Delhi Police allege that the accused were part of a larger conspiracy to orchestrate violence across the city.
The case was registered by the Special Cell of Delhi Police under multiple sections of the Indian Penal Code (IPC) and the Unlawful Activities (Prevention) Act (UAPA).
Many of the accused are facing charges in several related FIRs, resulting in multiple bail petitions before different courts.
Umar Khalid, arrested in September 2020, has been charged with criminal conspiracy, rioting, unlawful assembly, and offences under the UAPA.
His first bail plea was rejected by the trial court in March 2022, and subsequently by the Delhi High Court in October 2022, leading him to approach the Supreme Court.
In May 2023, the Supreme Court sought a response from the Delhi Police, but the matter has since been adjourned 14 times.
Khalid withdrew his earlier bail plea in February 2024, citing a change in circumstances, before reapplying.
His second bail plea was dismissed by the trial court on May 28, 2024, and the Delhi High Court again denied relief on September 2, 2024.
Sharjeel Imam, co-accused in the same conspiracy case, faces multiple FIRs across several States under charges of sedition and UAPA.
He has, however, secured bail in several related cases, including those registered in Aligarh (2021), Guwahati (2020), and by the Delhi High Court (2023) concerning speeches at Jamia Millia Islamia and Aligarh Muslim University.
The Supreme Court will now hear the matter on Friday, with the Bench indicating that it intends to move forward without further procedural delay in examining the bail pleas.
