2020 Delhi riots conspiracy: SC asks lawyers to cut short arguments; fixes schedule

Noting that arguments on bail pleas of six accused seeking bail in the 2020 Delhi riots conspiracy case have been going on for long, the Supreme Court on Wednesday asked their advocates to restrict oral arguments to 15 minutes each.

A Bench Justice Aravind Kumar and Justice NV Anjaria allotted 30 minutes to Additional Solicitor General SV Raju, representing Delhi Police, to counter the submissions made by lawyers of the accused persons.

"Arguments have been advanced by both sides substantially. We are of the view that a time schedule is required to be fixed. Oral arguments shall not exceed 15 minutes each and clarification by ASG (Additional Solicitor General representing Delhi Police) will not exceed 30 minutes," a Bench led by Justice Aravind Kumar said.

"You are arguing a bail matter as though it’s a second appeal," the Bench said, asking the lawyers representing the accused to cut short their arguments.

The top court also asked all the six accused seeking bail to furnish their permanent addresses and posted the matter for further hearing on December 9.

Accused Sharjeel Imam, Umar Khalid, Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman and Md Saleem Khan 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.  They have been under custody for five years.

Besides the UAPA, the accused were also booked under certain provisions of the Indian Penal Code 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 the Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC).

Terming the 2020 Delhi riots as an "orchestrated, pre-planned, and well-designed" attack on the sovereignty of India by a "regime change operation" executed under the guise of "peaceful protest", Delhi Police have vehemently opposed the bail pleas of the accused persons.

On Tuesday, Imam asserted that he was not a terrorist or an anti-national as alleged by the Delhi Police. "I would like to say that I am not a terrorist, as I have been called by the respondent (police). I am not an anti-national as called by the State. I am a citizen of this country, a citizen by birth, and I have not been convicted for any offence till now," senior counsel Siddhartha Dave, told the top court on his behalf.

Senior counsel AM Singhvi, representing Fatima, on Tuesday pointed out that Delhi Police's claim of a coordinated “regime change operation” found no mention in their chargesheet.

On behalf of Khalid, senior advocate Kapil Sibal submitted on Tuesday that he was not in Delhi when the riots happened in February 2020, and that he cannot be kept incarcerated "as if to say that I will punish you for your protests".