Delhi riots bail pleas: SC asks accused to furnish permanent addresses

While most of the accused have completed their submissions, arguments on behalf of Imam, by senior advocate Siddharth Dave, are incomplete

The Supreme Court on Wednesday directed the accused seeking bail in the 2020 Delhi riots case to furnish their permanent addresses, as the hearing neared its end and the matter is expected to be reserved for orders next week.

The Supreme Court bench posted the matter for hearing on December 9 and directed that the addresses be furnished to the court by then. (HT Archive)

A bench of justices Aravind Kumar and N.V. Anjaria said, “Please share the permanent address of all accused before us.”

The accused include former Jawaharlal Nehru University scholar Umar Khalid, Sharjeel Imam, Gulfisha Fatima, Meeran Haider, Shifa-ur-Rehman, Mohd Saleem Khan and Shadab Ahmed, among others.

While most of the accused have completed their submissions, arguments on behalf of Imam, by senior advocate Siddharth Dave, are incomplete, and some of the other accused, represented by different lawyers, have sought time to make brief submissions.

The bench posted the matter for hearing on December 9 and directed that the addresses be furnished to the court by then.

Additional solicitor general (ASG) S.V. Raju, representing Delhi Police, also sought time to make his closing submissions, saying some of the arguments made by the accused were incorrect and that he would point them out to the court. The bench allowed the ASG to conclude arguments on December 10.

During the short hearing, when the bench initially passed the order requiring the lawyers to furnish the present address of the accused, Dave, in a lighter vein, said, “Their present address is Tihar Jail,” to which the other lawyers added, “We hope it does not become their permanent address.”

Most of the accused have cited their long incarceration — over five years in most cases, and even six years for some — as one of the grounds for bail. They have appealed against the September 2 order of the Delhi high court refusing them bail.

Imam, the first to file an appeal against the high court order, was arrested on January 28, 2020, while Khalid was arrested later, on September 13, 2020. Both have claimed there is no direct evidence linking them to the riots, even as Delhi Police played speeches given by Imam in court to show how those allegedly inflammatory speeches instigated the violence that coincided with the arrival of the US President in March 2020.

The high court had relied on extensive material produced by Delhi Police, including the creation of WhatsApp groups, distribution of pamphlets and speeches allegedly delivered on communal lines, to conclude that Khalid and Imam were “intellectual architects” of the conspiracy.

However, both Khalid and Imam have disputed the high court’s observations, arguing that merely giving a speech is not enough to attract provisions under the Unlawful Activities (Prevention) Act, and that police must demonstrate additional material linking them to the conspiracy behind the riots.