The Delhi High Court on Tuesday denied bail to former Jawaharlal Nehru University (JNU) students Umar Khalid and Sharjeel Imam and seven others in the larger conspiracy case under the Unlawful Activities Prevention Act (UAPA) in relation to the 2020 north-east Delhi riots.
The nine accused who sought bail were Sharjeel Imam, Umar Khalid, Mohd Saleem Khan, Shifa Ur Rehman, Athar Khan, Meeran Haider, Shadab Ahmed, Abdul Khalid Saifi and Gulfisha Fatima.
Since the trial court is yet to frame the charges against them, the accused sought bail mainly on the ground that delay in trial has led to their prolonged incarceration in jail.
A Bench of Justices Navin Chawla and Shalinder Kaur pronounced the verdict.
"All appeals are dismissed," the Court said reading out the verdict.
By way of a separate order, another Bench of the High Court had earlier today dismissed the bail plea filed by another accused Tasleem Ahmed in relation to the same case.
Sharjeel Imam's lawyer Ahmad Ibrahim told Bar and Bench that they will move the Supreme Court against the Delhi High Court order.
Umar Khalid was arrested in September 2020 and charged with criminal conspiracy, rioting, unlawful assembly as well as several other offences under the Unlawful Activities Prevention Act (UAPA).
He has been in jail since then. This is the second time he has approached the High Court for bail.
The trial court had first denied bail to him in March 2022. He then approached the High Court. which also denied him relief in October 2022, prompting him to file an appeal before the top court.
In May 2023, the Supreme Court sought the response of the Delhi Police in the matter. His plea before the top court was then adjourned 14 times.
On February 14, 2024, he withdrew his bail plea from the Supreme Court citing a change in circumstances.
A Supreme Court Bench of Justices Bela M Trivedi and Pankaj Mithal was slated to hear the matter on February 14 when Khalid's counsel, Senior Advocate Kapil Sibal, informed the Court that the bail plea was being withdrawn.
On May 28, the trial court rejected his second bail petition, leading to the present appeal before the High Court.
Others too moved the High Court after the trial court rejected their pleas.
Senior Advocate Trideep Pais appeared for Umar Khalid.
With regard to WhatsApp group conversations cited as evidence by the Delhi Police, it was submitted by Senior Advocate Trideep Pais on behalf of Khalid that he was part of three groups, but barely sent messages on those groups.
"Merely being on a group is not any indication of anything wrong, in this case I have not even said anything. I only shared the location of a protest site when someone asked for it. Someone sent me a message. If someone chooses to inform me, it is not attributable to me. Anyway, there was no criminality in the message," it was submitted.
Pais that there was no allegation of violence or raising of funds against Khalid and that his speeches wee rooted in Gandhian principles.
Solicitor General Tushar Mehta appearing on behalf of Delhi Police vehemently opposed the bail pleas.
He argued before Court that the accused including Khalid and Sharjeel Imam were preparing to divide the nation on religious lines, and those who indulge in anti-national activities are not entitled to bail.
"Umar Khalid and Sharjeel Imam were preparing to divide the nation, cutting the nation on the basis of religion. They are all acting in concert, Gufisha, Umar, everyone - they are in touch with each other by the WhatsApp group and conspiracy is taking place," Mehta stated.
Senior Advocate Salman Khurshid appeared for Rehman while Senior Advocate Rebecca John represented Abdul Khalid Saifi.
Story to be updated.
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