SC asks police to consider bail in Delhi riots case
New Delhi, Oct. 28 -- The Supreme Court on Monday asked the Delhi Police to consider granting bail to the accused in the 2020 Delhi riots larger conspiracy case, noting most have spent nearly five years in custody. "See if you can, Mr Raju...if something can be done...This is only about consideration of bail. See five years are over already," a bench of Justices Aravind Kumar and NV Anjaria told Additional Solicitor General SV Raju.
The bench refused to grant the Delhi Police more time to file counter-affidavits to the bail petitions filed by student activists Umar Khalid, Sharjeel Imam, Meeran Haider, Gulfisha Fatima, and Shifa-ur-Rehman. It directed the police to submit its reply by this week and listed the matter for hearing on Friday, October 31.
Declining ASG Raju's request for two weeks, the bench stated, "We have given you enough time." When Raju pressed for one week, the court responded, "What is the question of a counter-affidavit in a bail matter?" Significantly, the bench urged the police to "examine if you can think of coming out with something.", an implicit nudge to consider concessional bail given the long incarceration and delayed trial.
Senior advocates Kapil Sibal, Abhishek Manu Singhvi, Siddharth Dave, and Siddharth Agarwal, appearing for the accused, emphasized the petitioners have been behind bars for four to five years with a slow-moving trial. "The whole case is about delay in trial. There should not be further delay in hearing," Singhvi submitted.
The accused-- Imam, Khalid, Fatima, Haider and Rehman, are among nine persons whose bail was rejected by the Delhi High Court on September 2, which described their roles in the alleged conspiracy as "prima facie grave".
Imam has been in custody since January 2020, and Khalid since September 2020. The riots in February 2020 resulted in 53 deaths and hundreds injured....
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