The Supreme Court has reprimanded the Delhi Police for seeking an adjournment in the bail pleas of accused Umar Khalid and Sharjeel Imam in the Delhi riots UAPA case. The court has now adjourned the hearing until October 31.
Delhi Riots UAPA Case: On Monday, the Supreme Court heard the bail pleas of Umar Khalid and Sharjeel Imam, where the Delhi Police faced a reprimand from the court for repeatedly seeking adjournments. A bench comprising Justices Arvind Kumar and N.V. Anjaria made it clear that further delays would not be tolerated. The court has set October 31 as the date for the next hearing.
Supreme Court Adjourns Hearing Until October 31
The Supreme Court has adjourned the hearing on the bail pleas of Umar Khalid and Sharjeel Imam in the 2020 Delhi riots UAPA (Unlawful Activities (Prevention) Act) case until October 31. The apex court made this decision when the Delhi Police requested additional time. The court clarified that no further delays would be acceptable in this matter.
This case is related to the 2020 North-East Delhi riots, which resulted in several deaths and hundreds of injuries. It is alleged that Khalid and Imam conspired to incite violence during the protests against the Citizenship Amendment Act (CAA). Both have been imprisoned since 2020.
Solicitor General Requested Additional Time
During the hearing, Additional Solicitor General S.V. Raju, on behalf of the Delhi Police, sought two weeks to file a response. The Supreme Court bench expressed displeasure at this, stating that “there is no question of filing a response in bail matters.” The court added that the hearing of the case would now be completed without further delay.
The bench also noted that the court wishes to decide on the bail plea expeditiously as the case has already been protracted for a considerable time. Now, during the hearing on October 31, the Supreme Court may determine whether to grant relief to Khalid and Imam.
Delhi High Court Had Rejected Bail Plea
The Delhi High Court had rejected the bail pleas of Umar Khalid, Sharjeel Imam, and nine other accused in September 2022. In its order, the court stated that citizens have the right to protest, but misusing that right to spread violence is not acceptable under any circumstances.
The High Court had written in its judgment that the right to protest is protected only as long as it is peaceful and within the bounds of the law. The court also stated that “conspiratorial violence” is against both democracy and the Constitution.
Accused Have Been in Jail for Four Years
Besides Umar Khalid and Sharjeel Imam, other accused in this case, such as Fatima, Haider, Mohammed Salim Khan, Shifa-ur-Rehman, Athar Khan, Abdul Khalid Saifi, and Shadab Ahmed, are also in jail. All of them have been in custody since 2020.
These accused are being prosecuted under serious sections like the UAPA. They assert that they were only involved in peaceful protests and that the charges against them are politically motivated.
Court Stated - Right to Protest, But Not Violence
The High Court, in its order, stated that the Constitution grants citizens the right to freedom of expression and peaceful protest. However, when protests turn violent, it goes against the spirit of the Constitution.
The court also stated that if violence were permitted under the guise of protests, it would not only damage the constitutional framework but also weaken the law and order situation in the country.
