Umar Khalid, Sharjeel Imam were preparing to divide nation; don't deserve bail: SG Tushar Mehta to Delhi HC

The Delhi Police on Wednesday vehemently opposed the bail pleas filed by accused in the Delhi riots of 2020 including former Jawaharlal Nehru University (JNU) students Umar Khalid and Sharjeel Imam.

Solicitor General Tushar Mehta, appearing on behalf of Delhi Police, said 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.

The Division Bench of Justices Navin Chawla and Shalinder Kaur reserved its verdict on these bail pleas after SG Mehta concluded his submissions on behalf of the Delhi Police.

"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.

The Court was hearing the bail petitions moved by various persons accused in the Delhi riots case of 2020, including Umar Khalid, Sharjeel Imam, Gulfisha Fatima, Khalid Saifi and others who have been in prison while awaiting trial in the case for many years.

Since the trial court is yet to frame the charges against them, the accused have sought bail mainly on the ground that delay in trial has led to their prolonged incarceration in jail.

SG Mehta, however, argued today that in cases involving' anti-national' activities, long imprisonment cannot be a ground for seeking bail.

"In cases involving anti-national activities, long incarceration is not a factor. This is an attack on the sovereignty of the country. By attacking the national capital, it would have effect on the entire country. If you are doing something against the nation, you better be in jail," he submitted.

He added that the 2020 Delhi riots had not suddenly broken out but were a pre-planned, well-orchestrated conspiracy aimed at achieving a "sinister goal" of dividing and defaming India.

"We are dealing with a well-orchestrated, well-thought, well-organised criminal conspiracy that starts at the capital of the country for all-India impact. This is not like any other riots case in the country. One of their intention was to globally defame our nation by choosing a particular day for more arson, more rioting," he stated.

Referring to the headline of an article on the riots published by the British daily newspaper, The Guardian, he also claimed that the accused had an intention to defame India through the global media.

He blamed "intellectuals" for their attempts to divide the country along religious lines.

"I want to show what the 'intellectuals' are doing, dividing the nation on religious lines. Imam had delivered a speech indicating a 4 weeks timeline for executing the conspiracy," the SG alleged.

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