New Delhi:
The Delhi High Court on Wednesday refused to grant bail to activists Umar Khalid and Sharjeel Imam in a case under the anti-terror law UAPA on the “larger conspiracy” behind the February 2020 riots in north-east Delhi.
A bench of Justices Prathiba M Singh and Dinesh Bhatt dismissed the third plea for bail by Khalid and Imam in the case.
Asserting that it is bound by “judicial discipline”, the bench said it cannot modify the Supreme Court’s January 5 order asking the two accused to seek bail either on completion of protected witnesses’ examination or expiry of one year, whichever is earlier.
“We would be modifying this (Supreme Court) order if we allow bail, which we cannot do,” the bench remarked.
Khalid and Imam challenged the trial court’s July 4 decision rejecting their bail pleas for the third time since their arrest.
The trial court rejected the bail applications, saying it had “no option but to follow” the Supreme Court’s January 5 order and, therefore, could neither entertain the plea nor grant any relief.
The bench noted that while denying bail to the two accused in January, the top court had said that their roles were distinct from the other co-accused and they were the “ideological drivers” of the alleged conspiracy.
“In view of the above discussion and the overall facts of the case, specifically the conditions imposed upon the appellants, this court cannot find fault with the decision of the trial court. Accordingly, the appeals are dismissed,” the court concluded.
The senior counsel appearing for Khalid argued that he has spent six years in custody and was entitled to be released on bail in view of a subsequent top court order giving relief to other co-accused.
He added that around ten months have passed since the January 5 order and charges were yet to be framed in the trial court.
Imam’s counsel also said that he has been in custody for six years and he was entitled to bail considering the delay in conclusion of trial.
Additional Solicitor General S V Raju opposed the pleas on behalf of the Delhi Police, asserting that the two are the “masterminds” of the riots and the Supreme Court has already set a timeline for consideration of any fresh bail pleas by them.