New Delhi: The Delhi Police has strongly opposed the bail pleas of activists Umar Khalid and Sharjeel Imam in the 2020 Northeast Delhi riots larger conspiracy case, describing the two as the alleged “masterminds” of the conspiracy and arguing that their continued detention remains justified.
In a short note submitted to the Delhi High Court on August 24, the police relied heavily on a January Supreme Court order that had denied bail to Khalid and Imam while granting relief to five other co-accused. The police argued that the Supreme Court had established a clear “hierarchy of participation” in the alleged conspiracy, placing Khalid and Imam on a “higher footing” than the five accused who were granted bail.
The police has also opposed their contention that the Supreme Court had merely granted them liberty, rather than imposing conditions, to seek bail afresh. According to the police, the two cannot seek reconsideration until either protected witnesses are examined or one year has passed from the January Supreme Court order, whichever comes earlier. Neither condition, it said, has yet been fulfilled.
The case remains significant as charges have not yet been framed. Consequently, the examination of witnesses has not begun, since witness examination ordinarily follows the commencement of trial after charges are framed.
Khalid and Imam are seeking bail under the Unlawful Activities (Prevention) Act, relying partly on divergent views expressed by different Supreme Court benches on aspects of the January ruling. A subsequent May judgment had raised “serious reservations” regarding several aspects of that order, while a larger-bench reference on the legal issue remains pending.
The Delhi Police, however, maintained that the January judgment continues to bind the courts until the larger bench settles the matter. It cited the Supreme Court’s treatment of co-accused Tasleem Ahmad and Abdul Khalid Saifi, who were granted interim bail on the basis of the later developments.
