Delhi riots case: Umar’s bail may prejudice depositions, say police

Umar Khalid, was booked under the Unlawful Activities (Prevention) Act (UAPA) for being the alleged “mastermind” of the February 2020 riots in north-east Delhi

The Delhi Police, probing the role of student activist Umar Khalid in the 2020 Delhi riots cases, has told the Supreme Court that granting him bail will prejudice the “fearless, truthful” deposition of protected witnesses who are yet to be examined by the trial court.

Umar Khalid approached the Supreme court in April after the Delhi high court refused him bail on October 18 last year. (HT photo)

In an affidavit filed in response to Khalid’s bail plea, assistant commissioner of police (special cell) Lalit Mohan Negi said, “The detention of the petitioner in judicial custody (in jail) is warranted, essential and necessary for fearless, truthful and freely deposition of protected witnesses by the trial court.”

Khalid approached the top court in April after the Delhi high court refused him bail on October 18 last year. On May 16, the Supreme Court gave police nearly two months to respond to the petition filed by Khalid, who was booked under the anti-terror law, the Unlawful Activities (Prevention) Act (UAPA) for being the alleged “mastermind” of the February 2020 riots in north-east Delhi. The violence, which left 53 people dead and over 700 injured, erupted during the protests against the Citizenship Amendment Act (CAA).

As the matter came up for hearing on Wednesday before a bench of justices AS Bopanna and Prashant Kumar Mishra, it was adjourned as justice Mishra expressed his inability to hear the petition. Justice Bopanna said, “This will come before another bench.” The matter was adjourned to August 17.

With four charge sheets already filed in the case so far, the police said there is “overwhelming cogent” evidence against Khalid who was arrested on September 13, 2020. The police further stated that it is willing to abide by any order passed for a time-bound trial.

There are 47 protected witnesses in the case whose identities have been kept confidential as they gave statements exposing the role of the petitioner and several others in the conspiracy behind the anti-CAA protests leading to the riots in February 2020. This event coincided with the visit of US President Donald Trump to the Capital as the police alleged that all this was done to publicise before the global community that minorities were being targeted and discriminated against in India.

The police said that a holistic reading of statements given by the protected witnesses makes it “abundantly clear” that Khalid was instrumental in creating WhatsApp groups prior to the riots and propagated that the protests be led by women and children to deter action by police officials. “The protest planned were destructive in nature from the very beginning with a pre-meditated intention to cause chakka jam and disrupt essential services in the city, causing panic and insecurity,” the affidavit said.

Based on this evidence, both the trial court and high court found a prima facie case against him which is a sufficient condition under section 43D of the UAPA to deny bail.

Senior advocate Kapil Sibal who appeared for Khalid told the court that no reply was needed in a bail matter as everything is borne from the record. Long incarceration of nearly three years coupled with dim prospects of an early completion of trial were the main grounds cited by Khalid in his petition.

The affidavit stated that several accused, including the petitioner, have delayed trial by filing applications in the trial court for seeking documents. The police said it was open to any suggestion by the court fixing a time limit for completing trial.

“Considering the sensitivity of the case where the Capital city of the country was put under siege of a terrorist attack...the prosecution has already prepared a detailed plan to conclude trial within a time bound period,” it said, adding, “If this Court directs time-bound trial, the prosecution is more than willing to comply with that.”