Tag: UAPA

  • Delhi High Court Denies Bail to Umar Khalid, Sharjeel Imam, and Seven Others in 2020 Riots UAPA Case

    New Delhi, September 2, 2025: The Delhi High Court on Tuesday dismissed the bail pleas of Umar Khalid, Sharjeel Imam, and seven other accused in the Unlawful Activities (Prevention) Act (UAPA) case linked to the alleged “larger conspiracy” behind the 2020 North-East Delhi riots. The verdict was delivered by a division bench comprising Justice Naveen Chawla and Justice Shalinder Kaur at 2:30 PM.

    The other accused whose bail pleas were rejected include Athar Khan, Khalid Saifi, Mohd. Saleem Khan, Shifa ur Rehman, Meeran Haider, Gulfisha Fatima, and Shadab Ahmed. All had challenged trial court orders denying them bail in the case, which stems from FIR 59 of 2020, registered by the Delhi Police’s Special Cell under various sections of the Indian Penal Code, 1860, and the UAPA, 1967.

    Arrest Details of the Accused

    Name of AccusedDate of Arrest
    Sharjeel ImamJanuary 28, 2020
    Umar KhalidSeptember 13, 2020
    Athar KhanJune 29, 2020
    Khalid SaifiFebruary 26, 2020
    Mohd. Saleem KhanJune 24, 2020
    Shifa ur RehmanApril 26, 2020
    Meeran HaiderApril 1, 2020
    Gulfisha FatimaApril 4, 2020
    Shadab AhmedJune 11, 2020

    Key Arguments from the Defense

    During the hearings, Umar Khalid, represented by Senior Advocate Trideep Pais, argued that mere membership in WhatsApp groups without sending messages does not constitute criminal activity. Pais contended that no incriminating evidence, such as money or weapons, was recovered from Khalid. He also challenged the prosecution’s claim of a “secret meeting” on February 23-24, 2020, asserting it was a public gathering, not clandestine as alleged.

    Khalid Saifi, represented by Senior Advocate Rebecca John, questioned the applicability of UAPA based on “innocuous messages” and the prosecution’s attempt to weave narratives from them. John argued, “Can UAPA, on the basis of innocuous messages or their attempt to make stories out of such messages, become a reason to deny me bail or even a ground to prosecute me under UAPA?” She also sought bail on grounds of parity, noting that co-accused Asif Iqbal Tanha, Devangana Kalita, and Natasha Narwal were granted bail by the High Court in June 2021.

    Sharjeel Imam, represented by Advocate Talib Mustafa, maintained that he was “completely disconnected” from the co-accused and had no involvement in any conspiracy or related meetings. Mustafa highlighted that the prosecution’s allegations against Imam were limited to a speech delivered in Bihar on January 23, 2020, with no subsequent overt acts linking him to the riots.

    Prosecution’s Opposition

    The Delhi Police, represented by Solicitor General Tushar Mehta and Special Public Prosecutor Amit Prasad, strongly opposed the bail pleas. Mehta argued that the accused intended to “globally defame the nation” by orchestrating riots on a specific date, coinciding with the visit of then-US President Donald Trump on February 24, 2020. He stated, “If you are doing something against the nation, you better be in jail till you are acquitted or convicted.” The prosecution described the riots as a “clinical and pathological conspiracy,” rejecting claims of spontaneous violence.

    Case Background

    The 2020 North-East Delhi riots, which left 53 dead and over 700 injured, erupted during protests against the Citizenship Amendment Act (CAA) and National Register of Citizens (NRC). The accused, including Tahir Hussain, Umar Khalid, Khalid Saifi, Isharat Jahan, Meeran Haider, Gulfisha Fatima, Shifa-Ur-Rehman, Asif Iqbal Tanha, Shadab Ahmed, Tasleem Ahmed, Saleem Malik, Mohd. Saleem Khan, Athar Khan, Safoora Zargar, Sharjeel Imam, Faizan Khan, and Natasha Narwal, are alleged to be the masterminds behind the violence.

    The bail pleas, pending since 2022, faced delays due to judicial recusals and adjournments.

    Related Developments

    On the same day, a coordinate bench comprising Justice Subramonium Prasad and Justice Harish Vaidyanathan Shankar dismissed the bail plea of co-accused Tasleem Ahmed, reinforcing the stringent application of UAPA in this case.

    The court’s decision highlights the challenges of securing bail under UAPA’s rigorous provisions, with ongoing scrutiny of the trial’s progress and the accused’s prolonged incarceration.

  • Delhi High Court Denies Bail to Tasleem Ahmed in UAPA Larger Conspiracy Case Linked to 2020 Riots

    New Delhi, September 2, 2025: The Delhi High Court on Tuesday dismissed the bail plea of Tasleem Ahmed, one of the accused in a high-profile Unlawful Activities (Prevention) Act (UAPA) case alleging a larger conspiracy behind the 2020 North-East Delhi riots. The decision was pronounced by a division bench comprising Justice Subramonium Prasad and Justice Harish Vaidyanathan Shankar.

    Tasleem Ahmed was arrested on June 19, 2020, and has been in custody since then. During the hearings, the bench had previously questioned the Delhi Police on the duration an accused can remain in jail, noting that it has been five years since the riots. The verdict was reserved on July 9 after arguments from Advocate Mehmood Pracha, representing Ahmed, and Special Public Prosecutor (SPP) Amit Prasad for the Delhi Police.

    Pracha highlighted the significant delay in the trial, emphasizing that his client had not sought even a single adjournment before the trial court and had concluded arguments on charges in just 10-15 minutes on a single day. Despite this, Ahmed has been in jail for five years. He argued, “Forget speedy trial, my bail application is not being heard. It is not about the trial. I am forced to… I can’t think of a better word. I am compelled to give up my rights even when arguing my bail due to the burden. That is the effect of overburdening of the system. I am making a statement at the bar that if I took even one adjournment, my bail may be cancelled.”

    In response, SPP Amit Prasad contended that delay alone cannot justify granting bail under Section 43D(4) of UAPA. He further argued that the High Court cannot grant interim bail while hearing an appeal against the trial court’s rejection of bail, unless there are emergent reasons.

    The case originates from FIR 59 of 2020, registered by the Delhi Police’s Special Cell under various sections of the Indian Penal Code, 1860, and the Unlawful Activities (Prevention) Act, 1967. It pertains to an alleged conspiracy in the communal violence that erupted in North-East Delhi in February 2020, resulting in numerous deaths and injuries.

    A coordinate bench of the Delhi High Court is scheduled to pronounce orders today at 2:30 PM on bail pleas filed by co-accused including Umar Khalid, Sharjeel Imam, Mohd. Saleem Khan, Shifa ur Rehman, Shadab Ahmed, Athar Khan, Khalid Saifi, and Gulfisha Fatima.