The Delhi High Court on Wednesday dismissed the applications of student activists Umar Khalid and Sharjeel Imam for regular bail in the conspiracy case related to the 2020 North-East Delhi riots. The Division Bench of Justice Prathiba M. Singh and Justice Dinesh Bhatt held that in light of the trial court’s July 4 order, both the accused cannot seek parity with the rest of the co-accused.
Supreme Court orders and judicial discipline
In the process of hearing the matter, the Bench pointed out that the Supreme Court had already dismissed the bail applications filed by Khalid and Imam but granted bail to five other co-accused of the same. The apex court had made a distinction regarding their involvement and called them “ideological drivers” in the conspiracy case related to the protests against the Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC).
The High Court stated that they have to follow judicial discipline and cannot amend or circumvent any terms or direction laid down by the Supreme Court, which has allowed the appellants to file the new plea only after the examination of protected witnesses or completion of a specified period of time.
Arguments regarding lengthy detention and trial delays
Counsel Trideep Pais, appearing for Umar Khalid, made the case that the changed circumstances were a sufficient basis for granting bail, pointing out how Khalid has been in jail for almost six years without any charges being framed or the trial proceeding to any significant extent. Similar arguments were made by counsel for Sharjeel Imam regarding his lengthy detention.
The Additional Solicitor General, Mr. S.V. Raju, countered that the statute, which bars bail under Section 43D(5) of the Unlawful Activities (Prevention) Act (UAPA), is still applicable. ASG Raju said that the roles assigned to Khalid and Imam make their detention under FIR 59/2020 filed with the Delhi Police Special Cell justifiable.
