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New Delhi: The Supreme Court is going to give its verdict on Monday in that important case, in which social activist Umar Khalid, researcher Sharjeel Imam, and five other accused have sought bail. This case is related to the Northeast Delhi riots of 2020 and has been the center of legal debate for the last five years.
The bench of Justice Arvind Kumar and Justice N.V. Anjaria had reserved the verdict after a long hearing in December. The accused have challenged the September 2023 order of the Delhi High Court, in which bail was refused, citing the seriousness of the allegations.
Umar Khalid, Sharjeel Imam, Gulfisha Fatima, Meeran Haider, Shifa-ur-Rehman, Mohammad Salim Khan, and Shadab Ahmed are charged under the UAPA and the old IPC. Police claim that all of them were the alleged conspirators of the February 2020 violence. 53 people were killed, and more than 700 people were injured in that violence.
Delhi Police says that the riots did not erupt suddenly but were part of a well-planned plan. In the affidavit filed in the Supreme Court, the police called it an attempt to destabilize the country and defame it at the international level. The investigating agency claims that statements of witnesses, call records, and digital evidence point towards this conspiracy.
According to the police, Umar Khalid allegedly laid the foundation of the plan of 'Chakka Jam' and was involved in several secret meetings. Whereas Sharjeel Imam is accused of inflaming the atmosphere through provocative speeches and playing an important role in the initial phase of the incidents.
The main argument of the defense is that the accused have been in jail since September 2020 and the pace of the trial is very slow. The chargesheet runs into thousands of pages, and with hundreds of witnesses, the trial could take years. He says that long imprisonment should in itself become the basis for bail.
The Delhi High Court had accepted that in general bail is the rule and jail is the exception, but it described this case as having different circumstances. The court had said that granting bail only on the basis of long detention is not necessary in every case.
Last month, Umar Khalid was granted two weeks' interim bail to attend his sister's wedding. Political reactions also emerged on this decision. While some leaders called it delayed justice, the ruling party criticized it.
In recent times, reactions have also come from foreign countries on this case. Some American lawmakers have demanded a fair and timely hearing from the Indian government. Whereas BJP has called it an attempt to create international pressure against India.
The decision coming today will not only be important for the seven accused but can also give a big message on issues like bail under UAPA, long pre-trial detention, and personal liberty versus national security.