2020 riots aimed at forcing regime change: Delhi Police tell SC
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New Delhi: The Delhi Police has told the Supreme Court that the 2020 Delhi riots were part of a “larger conspiracy” aimed at enforcing a regime change, opposing the bail pleas of student activists Umar Khalid and others accused under the Unlawful Activities (Prevention) Act (UAPA).
In a 389-page affidavit filed on Thursday, the Delhi Police said, “In offences that strike at the very root of the integrity of India [UAPA offences], ‘jail and not bail’ is the rule.” The affidavit asserted that the allegations against the petitioners are “prima facie true” and that they have “miserably failed” to rebut the presumption against them.
The police also rejected arguments seeking bail on grounds of trial delays, contending that the accused were themselves responsible for prolonging proceedings.
The Supreme Court is set to hear the bail petitions filed by Khalid, Sharjeel Imam, Meeran Haider, Gulfisha Fatima, and Shifa-ur-Rehman— all charged in connection with the “larger conspiracy” behind the February 2020 riots that erupted amid protests against the Citizenship Amendment Act (CAA) and National Register of Citizens (NRC). The violence claimed 53 lives and left over 700 injured.
On Monday, a Bench of Justices Aravind Kumar and N.V. Anjaria granted Delhi Police additional time to file its counter-affidavit but made it clear that the matter should not be delayed further. The court directed that the case be listed for hearing on Friday.
Additional Solicitor General (ASG) S.V. Raju, appearing for the Delhi Police, initially sought two weeks to file the response. However, the Bench declined, noting that “sufficient time had already been given.” When Raju requested a week, the court questioned the necessity of a counter-affidavit in a bail matter, remarking, “We have given you enough time.”
Senior advocates Kapil Sibal and Abhishek Manu Singhvi, representing the petitioners, strongly opposed the adjournment plea, pointing out that the accused had spent over five years in jail without trial.
“When the matter is about delay, there cannot be more delay,” Singhvi argued, while Sibal added, “The petitioners have been in jail for more than five years.”
Justice Kumar then observed, “Mr. Raju, examine if you can think of coming out with something… after all, it is a matter of bail. Five years they have completed.”
To this, the ASG replied, “Let me have a look at it, but sometimes appearances can be deceptive.”
The activists have challenged the Delhi High Court’s earlier decision denying them bail, which had held that there was prima facie material indicating a conspiracy behind the riots.
The Supreme Court had issued notice to the Delhi Police on September 22 and will now take up the matter on Friday.
With IANS inputs