Delhi Police opposes bail for Khalid, Imam; alleges 'regime change' attempt

The Delhi Police on 30 October urged the Supreme Court to reject the bail pleas of activists Umar Khalid, Sharjeel Imam and others in the UAPA (Unlawful Activities (Prevention) Act) case linked to the alleged conspiracy behind the February 2020 Delhi riots, asserting that the accused sought to "strike at the very heart of the sovereignty and integrity of the country" through a "regime change operation".

In an affidavit filed before the apex court, the police claimed the accused orchestrated a "deliberate attempt to destabilise the state" under the cover of peaceful protests against the CAA (Citizenship (Amendment) Act) and NRC (National Register of Citizens). The matter is scheduled for hearing tomorrow, Friday, before a bench of Justices Aravind Kumar and N.V. Anjaria.

Khalid, Imam, Gulfisha Fatima and Meeran Haider are accused of being the 'masterminds' of the violence, which erupted across northeast Delhi during protests against the CAA and NRC, leaving 53 people dead and more than 700 injured.

According to the affidavit, “The conspiracy hatched, nurtured and executed by the petitioner was to strike at the very heart of the sovereignty and integrity of the country by destroying the communal harmony; instigating the crowd not only to abrogate public order but to instigate them to an extent of armed rebellion.”

SC slams Delhi Police for not replying to Umar Khalid, Sharjeel Imam bail pleas

The police alleged that the unrest was timed to coincide with former US President Donald Trump’s visit to Delhi to draw international attention.

“The materials on record, including the chats referencing US President Donald Trump, establish beyond doubt that the instant conspiracy was pre-planned to be executed at the time when the US president was to make an official visit to India. This was done so as to draw the attention of ‘international media’,” the affidavit said.

It added that the CAA was used “as a ‘radicalising catalyst’ camouflaged in the name of ‘peaceful protest’.”

Invoking the UAPA, the Delhi Police argued that 'Jail and not Bail' is the rule in such cases, and said the accused have “miserably failed” to rebut the presumption against them. It also accused them of “mala fide machinations” to delay the trial and prevent the framing of charges.

“The delay which has occurred in the commencement of trial is solely attributable to the petitioner. Both the Hon’ble High Court and the special court have given judicial findings after findings,” it claimed.

Rejecting the argument that the trial cannot conclude soon due to more than 900 witnesses, the police said only 100–150 witnesses are material and the rest are technical or repetitive. “Provided that there is cooperation by accused in the trial proceedings,” their examination could be completed quickly, it stated.

The activists have challenged the 2 September Delhi High Court order denying bail to nine accused, including Khalid and Imam, saying “conspiratorial” violence disguised as protest cannot be permitted.

With PTI inputs

Delhi riots case: Umar Khalid challenges conspiracy theory, cites lack of proof