Delhi riots case: Umar Khalid, Sharjeel Imam denied bail
What's the story
A Delhi court has rejected the bail pleas of both Umar Khalid and Sharjeel Imam in the 2020 North East Delhi riots case. The decision was taken by Additional Sessions Judge Sameer Bajpai at Karkardooma Courts, according to a report by Live Law. He stated that he has no option but to follow the judgment of the Supreme Court denying bail to the duo. The case is registered under the Unlawful Activities (Prevention) Act (UAPA).
Legal arguments
SC denied me bail, now examining witnesses: Khalid
Senior advocate Trideep Pais, appearing for Khalid, argued that the Supreme Court had earlier denied him bail for a year, but directed examining protected witnesses be examined in that time period. He also cited the SC's interim bail to Tasleem Ahmed and Khalid Saifi for six months, while referring to a larger bench on the "perceived conflict" in judgments on UAPA bail when trial is delayed.
Incarceration plea
Imam's plea stresses on prolonged incarceration
Advocate Talib Mustafa, representing Imam, stressed his long incarceration and the slow pace of trial proceedings. He argued that other accused have been granted relief, and Sharjeel should also be given the same benefit. The prosecution opposed both bail pleas, arguing they shouldn't be considered until protected witnesses are examined or one year has passed since the order.
Bail review
Supreme Court granted bail to other accused
Khalid and Imam's pleas come after the Supreme Court questioned an earlier decision denying them bail. On January 5, the SC granted bail to Gulfisha Fatima, Meera Haider, Shifa Ur Rehman, Mohd Saleem Khan and Shadab Ahmed but denied it to Khalid and Imam. A division bench led by Justice Aravind Kumar later referred the issue to a larger bench due to perceived conflicts in understanding UAPA-related bail decisions.
Trial delay
Case being probed by Special Cell of Delhi Police
Imam's bail plea points out that despite over six months since the SC's judgment, there has been no significant progress in trial proceedings. He continues to face prolonged incarceration of nearly six years, with arguments on the charge still incomplete. The case, FIR 59 of 2020, is being probed by Delhi Police's Special Cell under various offenses under the Indian Penal Code and UAPA.