2020 Delhi riots were ‘pre-planned’, says police in SC and opposes bail for Umar Khalid, Sharjeel Imam

Delhi Police on Tuesday, 18 November, strongly opposed the bail pleas of activists Umar Khalid, Sharjeel Imam and several others in the 2020 Delhi riots conspiracy case, telling the Supreme Court that the violence was not a spontaneous outburst but an “orchestrated, pre-planned and well-designed” attack on the nation’s sovereignty.

Khalid, Imam, Gulfisha Fatima, Meeran Haider and Rehman are among those charged under the stringent UAPA and sections of the erstwhile IPC for allegedly being the “masterminds” behind the riots, which left 53 people dead and more than 700 injured during protests against the CAA (Citizenship (Amendment) Act) and NRC (National Register of Citizens).

Appearing for Delhi Police, Solicitor General Tushar Mehta told the bench of Justices Aravind Kumar and N.V. Anjaria that speeches and statements made by the accused reveal a communal agenda. “This was not a spontaneous riot… It was well-crafted and pre-planned,” he submitted, citing an alleged speech by Imam calling for ‘chakka jaam’ in cities with sizeable Muslim populations.

Mehta argued that the accused were themselves responsible for the delay in trial. “We are ready to complete the trial in six months, but for every charge, the accused argue for five years,” he said, adding that photographs recovered from their devices purportedly showed meetings where conspiracy was hatched.

Additional Solicitor General S.V. Raju said the accused could not seek parity with activists Natasha Narwal, Devangana Kalita and Asif Iqbal Tanha, who secured bail in 2021, as the Supreme Court had clarified that their orders could not be treated as precedent. He also criticised the Delhi High Court’s May 2024 order granting statutory bail to Imam under Section 436-A CrPC, arguing that UAPA’s stricter bail conditions override CrPC provisions.

The bench noted that there was no change in circumstances to revisit earlier rejections of Khalid’s bail. The hearing will resume on 20 November.

Khalid, who has been in jail since 2020, has denied all charges and argued there is no evidence linking him to violence. The Delhi High Court had earlier refused bail to nine accused, observing that “conspiratorial” violence under the guise of protest cannot be permitted. While affirming the right to peaceful protest under Article 19, the court had held that such rights are subject to reasonable restrictions.

The accused maintain their innocence and say they have been prosecuted for their political views rather than any unlawful action.