New Delhi: Activists Umar Khalid and Sharjeel Imam have filed fresh bail applications before a Delhi court in the larger conspiracy case related to the 2020 Delhi riots.
The activists argue that their continued incarceration for nearly six years without the commencement of trial violates their fundamental right to liberty.
The Delhi Additional Sessions Court has sought a response from the Delhi Police on both the plea and listed the matter for hearing on July 4.
Khalid's plea also argued that even as his earlier application was rejected by the apex court, subsequent judicial developments constituted a "change in circumstances". He referred to the court's remarks in May in another case, asserting that "bail is the rule" even under the Unlawful Activities (Prevention) Act (UAPA). His application said the trial was unlikely to commence in the near future considering the large number of accused, witnesses and documents relied upon by the prosecution.
Imam's application similarly cites recent judgements of the Supreme Court granting bail in cases involving long incarceration under the UAPA. The plea further states that Imam was not present in Delhi after the second week of January 2020 and was already in custody in another case before the riots broke out in northeast Delhi the following month.
Khalid, Imam and several others were booked under the anti-terror UAPA and the Indian Penal Code(IPC) for allegedly being part of a larger conspiracy behind the February 2020 riots, which erupted during protests against the Citizenship (Amendment) Act (CAA) and the proposed National Register of Citizens (NRC). The violence claimed 53 lives and left over 700 people injured.