2020 Northeast Delhi riots: 5 accused in larger conspiracy case to now argue on grounds of delay, parity with those granted bail

With the 5 accused arguing connected grounds of parity and hold successful trial, the tribunal posted the substance for further proceeding connected December 6 aft proceeding them partially connected Monday. Accused Umar Khalid’s bail plea, though not taken up connected Monday, is owed to beryllium heard connected December 6 too.

Two much bail pleas person been kept for proceeding connected December 12.

Accused Gulfisha Fatima, the lone pistillate successful the lawsuit successful jailhouse to date; Abdul Khalid Saifi of United Against Hate; Athar Khan; Shifa Ur Rehman; and Mohd Saleem Khan, arguing for bail earlier the seat of Justices Navin Chawla and Shalinder Kaur, were among those to preliminarily rise grounds of parity with different accused and the hold successful proceedings arsenic grounds for bail, portion foregoing arguments connected merits for the clip being.

Senior advocator Kapil Sibal, appearing for Fatima, submitted earlier the bench, “I’m not going to reason connected merits… (she is) connected bail successful 3 different cases related to (anti-CAA/NRC) protests… (she is the) lone pistillate successful custody, 4 others (co-accused) person been granted bail. (Fatima is) entitled to bail connected parity… (Co-accused) Devangana (Kalita) and Natasha (Narwal) with identical oregon greater roles, person been granted bail.”

Pointing retired that for the relation ascribed successful the offence, Fatima’s co-accused person been granted bail and that the “possibility of a proceedings is not determination successful the adjacent future”, Sibal added that portion the “plea of parity is simply a constrictive one”, the “larger plea is I’ve been successful jailhouse for implicit four-and-half years.”

While Special Public Prosecutor Amit Prasad emphasised that with the offence alleging larger conspiracy, idiosyncratic roles person to beryllium gone into, Justice Chawla orally remarked that the aforesaid tin beryllium gone into astatine the signifier of the trial. Justice Chawla besides orally inquired if determination were allegations against Fatima of “actual information successful the riots”, to which Sibal replied successful the negative.

Senior advocator Rebecca John, appearing for Saifi, submitted that 3 FIRs were lodged against him successful narration to the 2020 riots, of which helium has been discharged successful 1 and granted bail successful another. Arguing that helium is connected a amended footing than others who person been granted bail successful the case, John added, “Several members stated to beryllium the mastermind person not been arrested till date, administrators (of WhatsApp groups), different progressive members (of WhatsApp groups) person not been arrested, they (prosecution) person selectively picked and chosen members to foist this lawsuit against us.”

Senior advocator Salman Khurshid, appearing for Shifa Ur Rehman, likewise canvasing grounds of parity and hold successful trial, compared Rehman’s relation with 2 different co-accused — Asif Iqbal Tanha and Kalita. Khurshid added that Rehman faces nary different FIR and that it is “surprising that idiosyncratic who participated successful protests has been enactment done specified rigors.”

The accused seeking bail earlier the Delhi HC are facing allegations of pre-planned conspiracy to allegedly origin riots successful Northeast Delhi betwixt February 23 and 25, 2020, with offences lodged nether the IPC, Prevention of Damage to Public Property (PDPP) Act, Arms Act, and the Unlawful Activities (Prevention) Act 1967 (UAPA). An FIR was registered by the Delhi Crime Branch successful March 2020 successful this respect with the probe being undertaken by the Special Cell.

Notably, the bail pleas of Saifi, Fatima, Rehman and Md Saleem Khan person been argued afloat by their lawyers doubly earlier 2 antithetic benches of the HC, but nary verdict was delivered. This is the 3rd clip they’ll beryllium arguing for bail earlier the Delhi HC.