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New Delhi, Oct 30 (IANS) The Supreme Court is set to hear the bail pleas filed by student activist Umar Khalid and others in the “larger conspiracy” case of the 2020 Delhi riots, after an affidavit filed by Delhi Police claimed the violence was aimed at enforcing “regime change”.
Delhi Police, in its 389-page affidavit filed on Thursday, said, “In crimes which attack the root of the integrity of India [UAPA offences]There is a ‘no jail and bail’ rule.”
“The allegations against the petitioners are prima facie true. The onus is on the petitioners to rebut the said presumption, which they have miserably failed to discharge,” it said.
The police opposed the grant of bail only on the grounds of delay in the trial. According to Delhi Police, the petitioners themselves are responsible for the delay in the case.
The Supreme Court on Monday granted additional time to Delhi Police to file its counter affidavit on the bail pleas filed by all accused student activists Khalid, Sharjeel Imam, Meeran Haider, Gulfisha Fatima and Shifa-ur-Rehman in the “larger conspiracy” case of 2020 Delhi riots under the Unlawful Activities (Prevention) Act (UAPA).
A bench of Justices Arvind Kumar and NV Anjaria made it clear that the matter should not be delayed further and posted it for hearing on Friday, while also directing Delhi Police to file its counter affidavit in the meantime.
Initially, Additional Solicitor General (ASG) SV Raju, appearing for Delhi Police, sought two weeks’ time to file the reply. However, a bench led by Justice Kumar refused to accede to the request saying sufficient time had already been given.
“We have given you enough time. You are probably appearing for the first time. Last time, we had said issue notice and we had said in the open court that we will hear the matter on October 27 and dispose of it,” the top court remarked.
When ASG Raju applied pressure for at least a week, the bench led by Justice Kumar did not budge. “What is the question of counter affidavit in bail case?”. It said.
Senior advocates Kapil Sibal and Abhishek Manu Singhvi, appearing for the petitioner side, opposed the stay plea saying that the accused have already spent more than five years behind bars without trial.
Singhvi argued, “When the matter is of delay, there cannot be more delay than this.”
“The petitioners have been in jail for more than five years,” Sibal said while urging the top court to proceed with the hearing.
To this, a bench led by Justice Kumar remarked, “Mr. Raju, check if you can think of coming up with something…After all, it is a bail matter…He has completed five years.”
ASG Raju replied, “Let me take a look at it, but sometimes appearances can be deceiving.”
The petitioners have challenged the Delhi High Court order denying them bail, saying there was prima facie material to suggest a conspiracy behind the 2020 riots.
The Supreme Court had issued a notice to Delhi Police on 22 September. In February 2020, 53 people lost their lives and over 700 were injured in the Delhi riots that broke out amid protests against the Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC).
–IANS
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