Delhi Police Opposes Bail in 2020 Riots Conspiracy Case
The Delhi Police has strongly opposed bail for Umar Khalid and other accused in the 2020 Northeast Delhi riots conspiracy case, telling the Supreme Court that Khalid is a 'veteran of sedition' and that the anti-Citizenship Amendment Act protests were aimed at 'regime change' similar to political transitions in Nepal and Bangladesh.
Additional Solicitor General S V Raju, representing the Delhi Police, made these submissions before a bench of Justice Aravind Kumar and Justice N V Anjaria on Friday, November 22, 2024.
Conspiracy for Regime Change Alleged
Raju told the Supreme Court that the protests were not merely peaceful demonstrations against the Citizenship Amendment Act but part of a larger conspiracy. 'This was not a simple dharna for CAA, it was for regime change', the ASG asserted, adding that the protesters wanted political changes 'like in Bangladesh and Nepal'.
The police representative emphasized that the accused had 'scant regard for the constitution' and that the protests coincided with former US President Donald Trump's visit to India, suggesting strategic timing.
UAPA Charges and Terrorist Conspiracy
The Delhi Police argued that this is a clear case where offences under the Unlawful Activities Prevention Act (UAPA), 1967 are applicable. Raju stated that 'a conspiracy to commit terrorist acts and murder is made out' against the accused.
Highlighting specific allegations, the ASG referred to Sharjeel Imam's alleged speeches about severing the 'Chicken's Neck' area in Assam that connects Northeast India to the rest of the country. He also mentioned calls by some accused to disrupt economic supplies, arguing these actions qualify as 'terrorism' under Section 15 of UAPA.
Violence and Conspiratorial Meetings
Raju provided detailed accounts of the violence that erupted in Northeast Delhi in February 2020. He informed the court that when the initial riots on February 23, 2020, didn't achieve the 'desired scale of violence', conspirators held another meeting the same night at Mukhtyar's house in Chand Bagh.
According to a protected witness, DPSG members Athar and Shadab attended this meeting along with absconding accused Suleman Siddiqui and Ayub. The ASG revealed that Nadeem bhai, a DPSG member, was reportedly 'annoyed' about not achieving sufficient violence due to CCTV surveillance.
The subsequent removal of CCTV cameras led to large-scale mobilization and violence in Northeast Delhi by 12:50 PM the next day. Raju described how rioters attacked police in a planned manner at 1 PM, resulting in the death of Head Constable Ratan Lal at Chand Bagh and injuries to two IPS officers.
Intelligence Bureau official Ankit Sharma was also killed during the violence. The police representative detailed how rioters used firearms, sharp-edged weapons including swords, acid, stones, and sling-shots fixed on rooftops to throw acid bottles at police personnel.
Financial Links and Delay in Trial
The Delhi Police alleged that five accused - Tahir Hussain, Ishrat Jahan, Khalid Saifi, Shifa-Ur-Rehman and Meeran Haider - financed the riots. Specific amounts mentioned included Rs 1.3 crore from Tahir Hussain and Rs 8.90 lakh from Shifa-Ur-Rehman.
Raju informed the court that the Enforcement Directorate is currently investigating the money trail in these transactions.
Opposing the bail applications on grounds of undue delay in trial, the ASG argued that the accused themselves are responsible for the delay and therefore cannot benefit from it. He assured the court that 'I can finish the trial in two years if they cooperate'.
Ongoing Legal Proceedings
The Supreme Court is hearing appeals filed by Umar Khalid, Sharjeel Imam, Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohd Saleem Khan, and Shadab Ahmad. These appeals challenge the Delhi High Court order that denied them bail in the case investigating the larger conspiracy behind the 2020 Northeast Delhi riots.
The hearing has been adjourned and will resume on November 24, 2024, when the arguments are expected to continue.
