Umar Khalid (L) and Sharjeel Imam
Credit: PTI Photos
New Delhi: The Delhi High Court on Tuesday dismissed a bail plea filed by former JNU students Umar Khalid and Sharjeel Imam and others in a case related to a larger conspiracy for the 2020 Delhi riots.
A bench of Justices Shalinder Kaur and Navin Chawla noted the nature of the allegations, and specifically the submission by the State that the present is not a case of regular protest or riot matter, but rather a "premeditated, well-orchestrated conspiracy to commit unlawful activities threatening the unity, integrity, and sovereignty of India".
The bench said, in view of submissions, it becomes the arduous task of the court to strike a balance between individual rights and the interests of the nation, as well as the safety and security of the general public at large. "Therefore, these appeals do not succeed,'' the bench said, dismissing the plea.
The court also pointed out that in the present case, the probative value of the evidence against the appellants Imam and Khalid, ''prima facie and at this stage, cannot be branded as weak''.
It also rejected the arguments for parity with co-accused Devangana Kalita, Natasha Narwal, and Asif Iqbal Tanha, who were earlier granted bail.
To consider the contention of parity, the bench stressed, it is crucial for the courts to examine the role attributed to the accused and their position in relation to the incident in juxtaposition to that of the co-accused who was afforded the benefit of bail.
"In the conspectus of the allegations levelled, it emerges that the role of the appellants Imam and Khalid is prima facie grave in the entire conspiracy, having delivered inflammatory speeches on communal lines to instigate a mass mobilisation of members of the Muslim community,'' the bench said.
In contrast, although the co-accused persons were present in the conspiratorial meetings and were members of the WhatsApp groups, their role was limited when juxtaposed with the appellants, the court said, holding that the plea of parity was not made out.
On their contention of delay in trial and prolonged incarceration, the court said, the prosecution has strongly stated about the magnitude, and involvement of numerous conspirators, individuals, and organisations in mobilising thousands of people in protest within the national capital, resulting in 54 deaths, injuries caused to numerous persons and destruction of movable and immovable public and private properties.
Having noted that the trial is currently at the stage of hearing arguments on the framing of charges, the court said, it indicated that the case is progressing.
In view of 3000-page of chargesheet and 30,000-page of electronic evidence and the number of witnesses, the bench said, the pace of the trial will progress naturally.
"A hurried trial would also be detrimental to the rights of both the appellants and the State," it said.
The court also dismissed similar bail plea by other accused Athar Khan, Abdul Khalid Saifi, Mohd Saleem Khan, Shifa Ur Rehman, Meeran Haider, Gulfisha Fatima and Shadab Ahmed.