Delhi Police Opposes Bail for Student Activists in 2020 Northeast Delhi Riots Conspiracy Case

Strategic Insights -

The Delhi Police has strongly opposed the release of student activists Umar Khalid, Sharjeel Imam, and three others booked under the Unlawful Activities (Prevention) Act (UAPA) in the 2020 Northeast Delhi riots conspiracy case. In a 177-page affidavit, the police contended that the alleged offences involved a deliberate attempt to destabilise the State and warranted "jail and not bail." The police claimed that the violence that unfolded in February 2020 was part of a coordinated "regime change operation" executed under the guise of civil dissent.

Key Takeaways:

  • The Delhi Police argued that the accused were part of a "deep-rooted conspiracy" engineered on communal lines, citing encrypted chats and messages that indicated the protests were calibrated to coincide with US President Donald Trump's India visit in February 2020.
  • The affidavit pointed to incidents of unrest that broke out around the same time in parts of Uttar Pradesh, Assam, West Bengal, Karnataka, Kerala, Maharashtra, and Bihar, describing it as evidence of a "pan-India plan" rather than isolated flare-ups.
  • The prosecution alleged that the petitioners suppressed the Delhi High Court's finding that the defence contributed to the delay in the trial, which has taken 39 hearings across two years for the supply of documents and nearly 50 hearings for framing of charges.
  • The accused maintained that they were exercising their right to peaceful protest and that the "larger conspiracy" case is an attempt to criminalise dissent, arguing that indefinite incarceration without trial amounts to punishment before conviction.
  • The Supreme Court is expected to examine both the question of delay and the legal threshold under UAPA, making Friday's hearing significant for the trajectory of the case.

Statistics:

  • The violence in February 2020 left 53 people dead and hundreds injured.
  • The trial has taken 39 hearings across two years for the supply of documents and nearly 50 hearings for framing of charges.
  • The accused have spent nearly five years in judicial custody as undertrials.
  • The Delhi High Court observed that the roles of Khalid and Imam in the alleged conspiracy were "prima facie grave", holding that the evidence pointed to a coordinated plan behind the riots.

Sources:

  • Hindustan Times
  • Delhi Police affidavit filed through advocate Rajat Nair
  • Delhi High Court judgment in Natasha Narwal, Devangana Kalita, and Asif Iqbal Tanha bail case