The Supreme Court is currently hearing arguments regarding the bail plea of Umar Khalid, a former JNU student activist, who has been imprisoned since September 2020. Khalid is accused under the Unlawful Activities (Prevention) Act (UAPA) for his alleged involvement in the 2020 Delhi riots.
Police Opposition to Bail
The Delhi Police are strongly opposing Khalid's bail, characterizing the 2020 Delhi riots as a "planned operation for regime change" and "an attack on the sovereignty of the nation". They allege that the riots were not spontaneous but were orchestrated and pre-planned. The police claim the conspiracy was timed to coincide with then U.S. President Donald Trump's visit to India, intending to draw international attention and portray the Citizenship Amendment Act (CAA) as discriminatory against Muslims. The police affidavit cites chats, witness statements, and call records to place Khalid at the center of a coordinated mobilization effort. They describe him as a "key conspirator" and a "mentor" who mobilized students, created protest networks, and selected sites for demonstrations that allegedly turned violent.
Solicitor General Tushar Mehta, representing the Delhi Police, argued that the accused are responsible for delays in the trial, which has kept them in jail for five years. He stated the police are ready to complete the trial in six months but claimed the accused are prolonging the process to create grounds for bail. Mehta also refuted the notion that the riots were spontaneous, quoting a speech by Sharjeel Imam to suggest the riots were a planned attempt to incite an armed rebellion. Additional Solicitor General SV Raju stated his arguments would address parity, the grounds for delay, and the merits of the case against the accused.
Defense Arguments
Umar Khalid and other accused activists have argued before the Supreme Court that they have been in jail for over five years without any concrete evidence linking them to the 2020 Delhi riots. They argue their continued incarceration amounts to "punishment without trial".
Senior Advocate Sanjeev Luthra, representing Shadab Ahmad, argued that organizing or participating in protests is not a criminal offense.
Background of the Case
Umar Khalid was arrested in September 2020 for his alleged role in the conspiracy behind the 2020 Delhi riots. He faces charges under the UAPA, along with sections of the Indian Penal Code (IPC) related to rioting, murder, attempted murder, sedition, promoting enmity between groups, and unlawful activities. The charges stem from violent clashes that erupted in North-East Delhi in February 2020 during protests against the Citizenship Amendment Act (CAA). The clashes between supporters and opponents of the Act resulted in 53 deaths and injuries to hundreds.
The Delhi Police Special Cell filed a charge sheet against Umar Khalid, Sharjeel Imam, and Faizan Khan, alleging the riots were planned by prominent voices against the CAA. The police have arrested at least 21 people in connection with the conspiracy.
Related Court Proceedings
The Supreme Court is hearing petitions from multiple accused, including Umar Khalid, Sharjeel Imam, Gulfisha Fatima, Meeran Haider, Shadab Ahmed, and Mohd. Saleem Khan. The accused are challenging a Delhi High Court order from September 2 that denied them bail. The High Court had stated that "conspiratorial violence under the garb of demonstrations or protests by citizens cannot be permitted".
The Delhi High Court has also requested an update from the Delhi Police regarding the status of investigations into the FIRs registered concerning the 2020 Delhi riots. The court is also hearing petitions seeking an independent SIT investigation into the riots and the registration of FIRs against politicians for alleged hate speeches.
