Delhi riots conspiracy: Trial hasn’t commenced even after five years, Umar Khalid, others tell SC

Umar Khalid and five other accused in the 2020 Delhi riots larger conspiracy case on Friday countered the Delhi Police’s allegations of deliberately delaying the trial, saying the trial had not commenced even five years after the filing of the chargesheet as the matter routinely got adjourned.

As the Supreme Court commenced hearing on the bail pleas of Khalid, Sharjeel Imam, Meeran Haider, Gulfisha Fatima, Shifa Ur Rehman and Md Saleem Khan, senior advocates Kapil Sibal, Abhishek Manu Singhvi and Siddharth Dave, representing Khalid, Fatima and Imam sought to highlight their plight and demanded their release on account of inordinate delay in the commencement of the trial.

“On 55 dates, the presiding judge of the trial court was on leave. On 26 dates, the matter could not be taken up due to paucity of time. On 59 dates, the matter could not be reached due to unavailability of the special public prosecutor. On 4 dates, no hearing took place due to lawyers’ strike,” Sibal told a bench of Justice Aravind Kumar and Justice NV Anjaria.

Asserting that there was no evidence to link Khalid to the alleged conspiracy, Sibal said that out of 751 FIRs, his client was named only in one. “He was not even present in Delhi when the riots took place. No recovery of weapons or incriminating material has been made. There is no physical evidence of any violence against Umar Khalid.

“There is no allegation of Khalid raising any funds for violence or making appeals for violence. The only overt act alleged against him is a speech, which he gave in Amaravati in Maharashtra on February 17 (2020). The speech actually invoked Gandhian principles of non-violence and cannot be regarded as provocative by any stretch,” Sibal submitted.

Singhvi said the bail applications of the accused were kept pending for more than three years by the Delhi High Court. The chargesheet was also filed five years ago but the trial has not commenced yet. Fatima is the only woman in custody in the case now, as the other women have already got bail. “If you get bail after 6-7 years, what is the point?” Singhvi wondered.

“Now they make an annual ritual of filing a supplementary chargesheet every year,” he added.

Pointing out that Imam has been in custody since January 25, 2020 in connection with other cases, Dave asked, “When he was already in custody a month ago, the Delhi riots, how could he be held liable for conspiracy?”

He said, “Imam is also not an accused in any of the other riot cases. In the other cases for alleged inflammatory speeches, he has been given bail, and is in jail only because of this case.”

As the arguments remained inconclusive, the bench posted the matter for further hearing on Monday – November 3.

Alleging a “regime change operation” under the guise of “peaceful protest”, the Delhi Police had on Thursday opposed the bail pleas of activists Umar Khalid, Sharjeel Imam and four others arrested under the Unlawful Activities (Prevention) Act 1967 in the larger conspiracy case linked to the 2020 north-east Delhi riots.

In an affidavit filed in the top court, the Delhi Police alleged that the accused conspired to strike at the sovereignty and integrity of the country by a “regime change operation” executed under the guise of “peaceful protest”.

The alleged offences involved a deliberate attempt to destabilise the State which warrant “jail and not bail”, the Delhi Police said, asserting they have collected ocular, documentary and technical evidence against the accused showing their intrinsic, deep-rooted and fervent complicity in engineering nationwide riots on communal lines.

The accused have challenged the Delhi High Court’s September 2 order that denied them bail, noting that “conspiratorial” violence under the garb of demonstrations or protests by citizens couldn’t be allowed.

They are facing charges of criminal conspiracy, sedition, promoting enmity between various groups, making statements conducing to public mischief under the IPC and Section 13 of the UAPA, 1967 for allegedly questioning the sovereignty, unity, or territorial integrity of India and causing disaffection against it.

Besides the UAPA, the accused were also booked under certain provisions of the IPC for allegedly being the “masterminds” of the “larger conspiracy" behind the February 2020 Delhi riots during the visit of the then US President Donald Trump that claimed 53 lives and left more than 700 injured. The violence had erupted during the protests against Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC).