Police oppose bail pleas in 2020 Delhi riots conspiracy case, call plot “pathological”

The Delhi Police on Tuesday opposed the bail applications of Umar Khalid, Sharjeel Imam and several others accused in the larger conspiracy behind the 2020 North East Delhi riots.

Additional Solicitor General (ASG) Chetan Sharma, representing the Delhi Police, described the alleged conspiracy as “clinical and pathological,” claiming it was orchestrated by forces “inimical to India” with a “ruthless intention.”

The Delhi High Court bench, consisting of Justices Navin Chawla and Shalinder Nath, is currently hearing the bail pleas of Umar Khalid, Sharjeel Imam, Mohd Saleem Khan, Shifa ur Rehman, Shadab Ahmed, Athar Khan, Khalid Saifi and Gulfisha Fatima. The court is also set to hear an appeal by the Delhi Police against the bail granted to accused Ishrat Jahan.

Sharma said the riots led to the deaths of 53 people, including a police officer and left over 700 people injured. He argued Khalid should be denied bail, noting his previous application for bail was rejected by the High Court in October 2022. He added there had been no significant change in circumstances to justify a fresh plea. Khalid’s appeal against the rejection of his second bail application is still pending before the Delhi High Court.

The ASG also referenced a June order by the Delhi High Court in the case of Iqbal Tanha, noting the bail granted in that instance was made before the landmark Gurvinder and Watali rulings on UAPA-related cases. Sharma contended the bail orders in Tanha’s case, as well as for Devangana Kalita and Natasha Narwal, were issued under Section 439 of CrPC, which grants special powers to the High Court and Sessions Courts. He argued these decisions did not take into account the stricter provisions under Section 437, which governs non-bailable offences.

The matter would be heard again on Wednesday, with Special Public Prosecutor Amit Prasad set to continue arguments.