The Supreme Court is set to pronounce its verdict on Monday on bail pleas filed by seven accused, including student activists Umar Khalid and Sharjeel Imam, in the alleged “larger conspiracy” case related to the 2020 Delhi riots.
According to the causelist published by the apex court, a Bench comprising Justices Aravind Kumar and Prasanna B. Varale will deliver the judgment. The bail petitions have been filed by Umar Khalid, Sharjeel Imam, Gulfisha Fatima, Meeran Haider, Shifa-ur-Rehman, Shadab Ahmed and Mohd.
The case pertains to allegations of a larger conspiracy behind the communal violence that broke out in northeast Delhi in February 2020. Several of the accused are facing charges under the Unlawful Activities (Prevention) Act (UAPA).
The Supreme Court had reserved its verdict on December 10 after hearing a batch of special leave petitions challenging the Delhi High Court’s refusal to grant bail. Following the hearings, the Bench directed both the petitioners and the prosecution to file additional documents supporting their submissions by December 18.
During the proceedings, Solicitor General Tushar Mehta, appearing on behalf of the Delhi Police, opposed the bail pleas and argued that the violence was not spontaneous. He maintained that the riots were the result of a “well-designed, well-crafted, orchestrated and preplanned” attempt that amounted to an attack on the sovereignty of the nation.
The prosecution relied on speeches, WhatsApp communications and other material to argue that there was a deliberate effort to divide society along communal lines. It was further contended that delays in the trial were attributable to the accused, who, according to the prosecution, had not cooperated with the proceedings.
The Solicitor General submitted that each accused had taken several days to oppose the framing of charges, contributing to the slow pace of the trial. He argued that seeking bail on the grounds of delay had become a pattern in cases where the defence found it difficult to contest the charges on merits.
The Delhi High Court had earlier dismissed the bail pleas of Khalid, Imam and other accused on September 2 last year. The High Court observed that a prima facie case under the UAPA was made out against them based on the material placed on record.
Among the accused, Saleem Khan has been in custody for over five years in connection with the case, highlighting concerns raised by the defence regarding prolonged incarceration.
The Supreme Court’s decision is expected to have significant implications for the accused, many of whom have been in judicial custody for extended periods while the trial continues.
