The Supreme Court reprimanded Delhi Police for seeking more time to respond to bail pleas of activists Umar Khalid, Sharjeel Imam, and others accused under UAPA in the 2020 Delhi riots conspiracy case. The bench fixed the next hearing for October 31, rejecting the two-week extension request
Representational Image. File Pic
The Supreme Court of India, while refusing to give two weeks to the Delhi Police for filing its reply on bail pleas of activists Umar Khalid and others, slammed the investigation authorities. Other accused, including Sharjeel Imam, Gulfisha Fatima and Meeran Haider, have been booked under the UAPA case related to the alleged conspiracy behind the February 2020 riots in Delhi.
As the hearing commenced about the same time, the Additional Solicitor General SV Raju, appearing for the Delhi Police, sought time to file a counter-affidavit. However, the bench of Justices Aravind Kumar and N V Anjaria refused to grant two weeks and said it will hear the matter on October 31, as per PTI.
The bench responding to SV Raju’s prayer said that, "We have given you enough time. Last time while issuing notice, we had said in open court that we will hear this matter on October 27 and will dispose of it.
"Frankly speaking, in bail matters there is no question of filing counters," as cited by news agency PTI.
On the contrary, senior advocate Kapil Sibal, appearing for Khalid, further submitted that the petitioners have been in jail for over five years.
Senior advocate Abhishek Singhvi, appearing for one of the petitioners while appealing for the bail, said that the whole case is about the delay in trial and there should not be further delay in the hearing.
Earlier on September 22, the Supreme Court of India had also issued notice to the Delhi Police and sought their response in view of the same case registered against the accused.
However, the activists have moved the apex court, challenging the Delhi High Court order passed on September 2.
Earlier, the high court had already denied bail to nine people, including Khalid and Imam, saying "conspiratorial" violence under the garb of demonstrations or protests by citizens could not be allowed.
Besides Khalid and Imam, the other accused whose bail application was rejected by the High Court are Fatima, Haider, Mohd Saleem Khan, Shifa Ur Rehman, Athar Khan, Abdul Khalid Saifi and Shadab Ahmed.
The bail plea of another accused, Tasleem Ahmed, was rejected by a different high court bench on September 2. The high court, while rejecting the bail application of the accused, said that the Constitution affords citizens the right to protest and carry out demonstrations or agitations, provided they are orderly, peaceful and without arms, and such actions must be within the bounds of law.
While the high court said the right to participate in peaceful protests and to make speeches in public meetings was said to have been protected under Article 19(1)(a) and couldn't be blatantly curtailed, it observed the right was "not absolute" and "subject to reasonable restrictions," as per PTI.
The bail rejection order further stated that, "If the exercise of an unfettered right to protest were permitted, it would damage the constitutional framework and impinge upon the law and order situation in the country," as per PTI.
(With inputs from PTI)
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