New Delhi: Opposing fresh bail pleas filed by Umar Khalid and Sharjeel Imam in the larger Delhi riots conspiracy case, police have told Delhi High Court that both accused were described as “masterminds” of the 2020 violence and that there has been no change in circumstances since Supreme Court ’s Jan order refusing them bail under Unlawful Activities (Prevention) Act (UAPA).
The court had observed that all accused booked under UAPA could not be treated alike and that their roles had to be assessed based on the “hierarchy of participation”. The accused were attempting to rely on a subsequent Supreme Court judgment in the Syed Iftikhar Andrabi case to argue a change in circumstances, according to the prosecution. “It is, at the outset, submitted that the present bail proceedings are misconceived and illegal… (a) the present appellant is one of the ‘masterminds’ of the Delhi riots (b) the present bail proceedings are in teeth of the binding directions…” police said in their affidavits, referring to Supreme Court’s Jan verdict. Delhi High Court last month sought the police’s response to Khalid’s third bail plea and said it would hear the matter along with a pending plea filed by Imam.
In separate affidavits, police cited the apex court’s Jan ruling in the Gulfisha Fatima case, in which bail was denied to Khalid and Imam while being granted to five co-accused. Police contended that the ruling was unrelated to the Delhi riots conspiracy case and could not be relied upon for seeking bail.
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