
New Delhi, 04 July (H.S.): A Delhi court on Saturday reserved its order on the fresh bail applications filed by Umar Khalid and Sharjeel Imam, both accused in the alleged larger conspiracy behind the 2020 Delhi riots. The Karkardooma Court said it may pronounce its decision later in the day.
During the hearing, senior advocate Trideep Pais, appearing for Umar Khalid, argued that the Supreme Court, in the Andrabee case, had raised questions over the earlier rejection of the bail pleas of Umar Khalid and Sharjeel Imam. He contended that the Supreme Court's earlier direction requiring the accused to wait for one year before filing a fresh bail application in the absence of recording of witnesses' statements was no longer applicable.
Appearing for Sharjeel Imam, advocate Talib Mustafa submitted that a larger Bench of the Supreme Court is already examining the issue relating to the one-year restriction on filing fresh bail applications. He also pointed out that several co-accused in the same case had already been granted bail.
Opposing the petitions, the Delhi Police argued that the Supreme Court's earlier order continues to remain in force unless modified or clarified by a larger Bench. The prosecution submitted that if the accused sought any clarification, they should approach the Supreme Court, adding that the trial court could not disregard an order that remains operative. The court had issued notice to the Delhi Police on June 13.
Umar Khalid and Sharjeel Imam filed their fresh bail applications following a Supreme Court judgment that questioned the legal basis of the earlier orders rejecting their bail pleas. In their applications, both accused stated that despite more than six months having elapsed since the Supreme Court's order, the trial has made no significant progress. They submitted that arguments on framing of charges are yet to be concluded.
On January 5, the Supreme Court rejected the bail applications of Umar Khalid and Sharjeel Imam. On the same day, it granted bail to five co-accused — Gulfisha Fatima, Meeran Haider, Shifa-ur-Rehman, Shadab Ahmed and Mohammad Saleem Khan. Subsequently, on May 22, the apex court granted six months' interim bail to co-accused Khalid Saifi and Tasleem Ahmed.
Earlier, four other accused in the case — Safoora Zargar, Asif Iqbal Tanha, Devangana Kalita and Natasha Narwal — had also been granted bail.
The chargesheet in the case has been filed under the Unlawful Activities (Prevention) Act (UAPA) against 18 accused. Those named in the chargesheet include Safoora Zargar, Tahir Hussain, Umar Khalid, Khalid Saifi, Ishrat Jahan, Meeran Haider, Gulfisha Fatima, Shifa-ur-Rehman, Asif Iqbal Tanha, Shadab Ahmed, Tasleem Ahmed, Saleem Malik, Mohammad Saleem Khan, Athar Khan, Sharjeel Imam, Faizan Khan, Natasha Narwal and Devangana Kalita.
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Hindusthan Samachar / Jun Sarkar