Citing the harsh provisions of the Unlawful Activities (Prevention) Act (UAPA), the Delhi Police opposed the bail of Sharjeel Imam, Umar Khalid, and others accused in the case involving the "larger conspiracy" behind the Delhi riots of 2020.
Additional Solicitor General (ASG) Chetan Sharma requested the Division Bench of Justice Navin Chawla and Justice Shalinder Kaur to take a "very strict view" of the case, given the gravity of the situation, Bar And Bench reports.
“This conspiracy is clinical, pathological and planned to execute by forces inimical to India. The same forces which have let themselves out on the leash in our neighbouring country," Sharma added.
The court was hearing bail petitions filed by the accused, including Umar Khalid, Sharjeel Imam, Gulfisha Fatima, Khalid Saifi, and others who had been in prison as undertrial prisoners for years.
Since the trial court has yet to formulate the allegations against them, the accused have sought bail primarily based on trial delay.
Concerning accused Umar Khalid, ASG Sharma contended that he has already been denied bail by the courts and that there has been no change in circumstances that would justify submitting another bail request.
To oppose the accused's bail application, the Delhi Police cited UAPA's severe bail provisions.
"In a prima facie examination, your lordships will only see probative value that if there is an accusation and that accusation is reasonable, that is just about it," ASG Sharma said.
Further, ASG Sharma appealed that a mere delay in a trial cannot be grounds for bail, and blamed the accused for causing a delay in the trial, citing three orders passed by the trial judge.
Delhi Police's arguments in the matter will continue tomorrow, Wednesday, January 15.
