Delhi Court Denies Bail to Three Accused in 2020 Riots Conspiracy Case
A Delhi court on Thursday denied bail to three individuals accused in the larger conspiracy case linked to the 2020 Northeast Delhi riots. The court ruled that the allegations against them appear prima facie true, making the bail restrictions under the Unlawful Activities (Prevention) Act (UAPA) applicable.
Details of the Accused and Court Proceedings
The three accused are former AAP councillor Tahir Hussain, former call centre employee Athar Khan, and garment businessman Salim Malik. They had moved bail pleas before Additional Sessions Judge (ASJ) Sameer Bajpai of the Karkardooma court, seeking parity with others granted bail by the Supreme Court in a recent judgment.
Of the 18 people arrested in the case nearly six years ago, seven remain in jail. The Supreme Court, three weeks ago, had identified a hierarchy between architects and facilitators while hearing bail pleas, granting bail to five placed in the second category but rejecting pleas of activists Sharjeel Imam and Umar Khalid in the first category.
Court's Reasoning and UAPA Provisions
While noting the Supreme Court's judgment, ASJ Bajpai emphasized that the trial court and Delhi High Court had previously dismissed the bail pleas of the accused. He stated that the embargo of Section 43D(5) of the UAPA still applies.
Section 43D(5) stipulates that bail cannot be granted if the court, after perusing the case diary or chargesheet, believes the accusations are prima facie true. The court referenced Section 173 of the Code of Criminal Procedure (CrPC), which deals with the submission of the final report by police.
In his order, ASJ Bajpai said, this court in its previous order dated 12.10.2022 has given clear opinion that the accusations against Athar Khan are prima facie true and as such the embargo created by Section 43D(5) of UAPA applies. Thus, when the court has formed a certain opinion against the applicant, it cannot review its order and give any opinion contrary to the previous opinion. Similar observations were made for Hussain and Malik.
Specific Allegations Against the Accused
The case against Hussain involves allegations that the terrace of his building was used by rioters to pelt stones and petrol bombs. Delhi Police Special Cell described him as a key local player with mass support who aided the conspiracy, and he is also accused in a murder case of an Intelligence Bureau staffer during the riots.
Khan is accused of being a main organizer at the Chand Bagh protest site, delivering inflammatory speeches and coordinating the destruction of CCTV cameras. Malik allegedly attended a meeting with conspirators on February 22, 2020, at Chand Bagh, gave provocative speeches, and managed meals and financial transactions at protest sites.
Background of the Larger Conspiracy Case
The prosecution alleges a larger conspiracy involving the creation of 23 protest sites in Muslim-majority areas, operating 24x7 near mosques and main roads. Police claim the accused aimed to escalate protests to a chakka jam during then US President Donald Trump's visit to Delhi in 2020.
While Umar Khalid, Khalid Saifi, Sharjeel Imam, Tahir Hussain, Salim Malik, Athar Khan, and Tasleem Ahmed remain in jail, 11 others have been granted bail, including Meeran Haider, Gulfisha Fatima, and Devangana Kalita.
This ruling underscores the stringent application of UAPA provisions in cases involving serious allegations, highlighting the legal challenges faced by accused in high-profile conspiracy matters.
