Karkardooma Court Reserves Judgement On Umar Khalid, Sharjeel Imam Bail Pleas

New Delhi: The Karkardooma Court in Delhi on Saturday reserved its verdict on the fresh bail pleas of Umar Khalid and Sharjeel Imam, who are accused of conspiring to orchestrate the 2020 Delhi riots. The court may pronounce its decision on the bail pleas later in the day.

During the hearing, Advocate Trideep Pais, representing Umar Khalid, stated that the Supreme Court had raised questions regarding the dismissal of the bail pleas of Umar Khalid and Sharjeel Imam in the Andrabi case. He argued that the Supreme Court's earlier order — which suggested filing a bail plea after a year if witness statements had not been recorded — was no longer applicable.

The Andrabi case refers to Syed Ifitkar Andrabi, a resident of Handwara in Kupwara district of Jammu and Kashmir, who was arrested by the NIA, Jammu on June 11, 2020. On May 18, while delivering the judgement on Andrabi's bail plea, a bench, comprising justices B V Nagarathna and Ujjal Bhuyan, had observed that bail should be the rule and jail the exception, even in Unlawful Activities (Prevention) Act (UAPA) cases, and expressed reservations about an earlier judgement delivered by another bench denying bail to Umar Khalid in the 2020 Delhi riots case.

Advocate Talib Mustafa, representing Sharjeel Imam, noted that a larger bench of the Supreme Court is set to consider the issue regarding the one-year waiting period for filing bail pleas. He pointed out that other co-accused in the case have already been granted bail.

The Delhi Police maintained that the Supreme Court's order remains in effect until a clear directive is issued by a larger bench. They argued that if the accused sought clarification, they should approach the Supreme Court; the trial court cannot intervene while the Supreme Court's order stands. The court had issued a notice to the Delhi Police on June 13.

Umar Khalid and Sharjeel Imam filed these bail pleas following a Supreme Court observation that questioned the earlier dismissal of their bail applications. In their petitions, they stated that despite six months having passed since the Supreme Court rejected their bail, there has been no significant progress in the trial; arguments regarding the framing of charges have not yet been concluded.

It is worth noting that the Supreme Court had dismissed the bail pleas of Umar Khalid and Sharjeel Imam on January 5. The five accused who were granted bail by the Supreme Court on January 5 include Gulfisha Fatima, Meeran Haider, Shifa-ur-Rehman, Shadab Ahmed, and Mohammad Salim Khan. Subsequently, on May 22, the Supreme Court granted six months' interim bail to the accused, Khalid Saifi and Tasleem Ahmed. Four other accused in this case have already been granted bail; they include Safoora Zargar, Asif Iqbal Tanha, Devangana Kalita, and Natasha Narwal.

A chargesheet has been filed against 18 accused under the UAPA in connection with this case. The individuals named as accused include Safoora Zargar, Tahir Hussain, Umar Khalid, Khalid Saifi, Ishrat Jahan, Meeran Haider, Gulfisha Fatima, Shafa-ur-Rehman, Asif Iqbal Tanha, Shadab Ahmed, Tasleem Ahmed, Salim Malik, Mohammad Salim Khan, Athar Khan, Sharjeel Imam, Faizan Khan, Natasha Narwal, and Devangana Kalita. It is worth noting that at least 53 people lost their lives and many others were injured in the Delhi riots.

Also Read:

1. 2020 Delhi Riots: Sharjeel Imam, Umar Khalid Move Fresh Bail Pleas In Larger Conspiracy Case
2. SC Refers Judgement, Denying Bail To Umar Khalid And Sharjeel Imam, To Larger Bench
3. 2020 Delhi Riots: HC Grants 3-Day Interim Bail To Umar Khalid For Mother's Surgery
4. Bail, Not Jail: Supreme Court Says UAPA Cases Are No Exception, Flags Umar Khalid Judgment