Law

SC Pulls Up Delhi Police Over Delay in Responding to Bail Pleas of 2020 Delhi Riots Accused

The court noted that in bail cases, counter affidavits are not typically filed and that the police had already been granted sufficient time.

SC Pulls Up Delhi Police Over Delay in Responding to Bail Pleas of 2020 Delhi Riots Accused

(Left to right) Sharjeel Imam, Umar Khalid, and Gulfisha Fatima, with the Supreme Court of India in the backdrop. (Photos: X and file)

The Supreme Court on Monday (October 27) expressed strong displeasure over the Delhi Police’s continued delay in responding to the bail pleas of activists Umar Khalid, Sharjeel Imam, Gulfisha Fatima, and Meeran Haider—accused in the alleged “larger conspiracy” case related to the 2020 northeast Delhi riots. All four have been incarcerated for over five years.

During the hearing, Additional Solicitor General Suryaprakash V. Raju sought more time to file a counter affidavit, prompting the bench of Justices Aravind Kumar and N.V. Anjaria to reprimand the delay.

The court noted that in bail cases, counter affidavits are not typically filed and that the police had already been granted sufficient time.

“Last time, if you remember, we said in open court that we will hear the matter on (October) 27 and we will dispose it off. Frankly speaking, in bail matters there is no question of filing counter,” Justice Kumar said, reported Live Law.

Observing that five years had passed since the appellants’ arrest, the bench pressed the prosecution to expedite its response.

“You file counter. But, we will not give you two weeks,” Justice Kumar said, as reported by Live Law.

When the ASG requested a week, the court remained reluctant.

“On Friday, you ensure you have proper instructions…we will hear it. See if you can Mr Raju…if something can be done…this is only about consideration of bail. See, five years are over already,” Justice Kumar added, according to Bar and Bench.

Senior advocates Kapil Sibal and C.U. Singh appeared for Khalid, Abhishek Manu Singhvi represented Fatima, and Siddharth Dave appeared for Imam. The defence lawyers highlighted the prolonged incarceration of the accused, stressing the inordinate delay in their bail consideration.

Khalid and the others have approached the apex court against the Delhi High Court’s September 2 order denying them bail.

The division bench of Justice Naveen Chawla and Justice Shalinder Kaur had dismissed the appeals filed by Khalid, Imam, Fatima, Haider, and others, including Athar Khan, Khalid Saifi, Mohammad Saleem Khan, Shifa ur Rehman, and Shadab Ahmed. Legal experts had described the High Court’s verdict as a “monument to infamy.”

The activists’ detention has been marked by repeated appeals, adjournments, and rejections, drawing international criticism from rights defenders who have termed their imprisonment a travesty of justice.

The contentious FIR 59/2020, registered by the Delhi Police’s Special Cell, invokes multiple provisions of the Indian Penal Code and the Unlawful Activities (Prevention) Act. The investigation has faced persistent allegations of bias, as much of the prosecution’s case hinges on the accused’s alleged participation in WhatsApp groups during the anti-Citizenship Amendment Act protests.

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