New Delhi: The Delhi Police has filed an affidavit with the Supreme Court of India opposing the grant of bail to Umar Khalid, Sharjeel Imam, Meeran Haider, Gulfisha Fatima and Shifa Ur Rehman in the allegations related to the 2020 Delhi riots.
The police contend that the petitioners are attempting to “play the victim card” by citing prolonged incarceration, despite being responsible for delaying the trial for “mala fide and mischievous” reasons. According to the affidavit, no ground for bail exists given the gravity of the offences alleged.
“No ground for bail has been made by the petitioners. It is submitted that it does not lie with the petitioners who for malafide and mischievous reasons have delayed the commencement of trial to come and play victim card and seek bail on the ground of prolonged incarceration,” the affidavit reads, reported Live Law
Allegations and nature of the conspiracy
According to the affidavit, Khalid is alleged to have been the chief conspirator behind the riots, mentoring Sharjeel Imam in planning the first phase of violence. The affidavit claims that chats from December 2019 on WhatsApp show Imam’s active role in orchestrating the initial phase of the riots.
It is further alleged that Khalid conceptualised the idea of a “chakka jam” (road blockade) as a means to provoke riots rather than peaceful protests, and that this was implemented through Imam and another accused, leading to protest sites at Shaheen Bagh and Jamia Millia Islamia. The affidavit claims that the December 13, 2019 protests at Jamia subsequently escalated into violence, injuring civilians and police personnel.
The police assert that in January 2020, Khalid held a secret meeting in Seelampur with Gulfisha Fatima, Natasha Narwal, Devangana Kalita and others, instructing them to mobilise women locally to stockpile weapons and materials to incite violence. When this plan allegedly failed, the affidavit states that Khalid arranged for women from Jahangirpuri to join the Jaffrabad protests to escalate unrest.
Gulfisha Fatima is accused of acting as a key local coordinator who executed the plan to turn peaceful sit-ins into violent demonstrations. Meeran Haider is alleged to have overseen multiple 24×7 protest sites, collected funds, and encouraged attacks on police and non-Muslims. Shifa Ur Rehman, as President of the Jamia Alumni Association, is accused of organising and financing protests under the guise of anti-CAA and anti-NRC demonstrations, distributing funds to sustain protest sites culminating in the riots of February 23-26, 2020.
Pan-India claim & bail arguments
The Delhi Police affidavit argues that evidence suggests the conspiracy was designed to be replicated and executed on a pan-India scale. The police maintain that the petitioners’ conduct and the severity of the allegations — namely an attack on the sovereignty, integrity and communal harmony of the country — disentitle them from bail.
On the question of delay, the affidavit contends the petitioners themselves are responsible for postponing the trial commencement and thus cannot rely on incarceration length as a basis for bail.
A bench comprising Aravind Kumar and NV Anjaria is scheduled to hear the bail petitions tomorrow (October 31), challenging a September 2 judgement of the Delhi High Court which denied bail. On October 27, Justice Kumar had observed that the accused had spent over five years behind bars and asked the Additional Solicitor General whether bail could be conceded on the ground of delay.
