The Delhi Police has filed an affidavit in the Supreme Court opposing bail for anti-CAA activists Umar Khalid, Sharjeel Imam, Meeran Haider, Gulfisha Fatima, and Shifa-Ur-Rehman in the northeast Delhi violence larger conspiracy case, asserting that they cannot seek bail on the grounds of prolonged incarceration and alleging that their “mala fide and mischievous” conduct was responsible for delaying the trial.
“No ground for bail has been made by the petitioners. It does not lie with those who have delayed the commencement of trial to now play the victim card and seek bail on the ground of prolonged incarceration,” the Delhi Police stated in the affidavit, filed ahead of the next hearing before a bench of Justices Aravind Kumar and N.V. Anjaria.
Claiming that the accused, who have been in jail for over five years without bail or trial, conspired to instigate a “pan-India armed rebellion,” the Delhi Police alleged that their actions “struck at the very heart of the country’s sovereignty and integrity” by seeking to destroy communal harmony and incite public disorder.
“Evidence on record suggests that the instant conspiracy was sought to be replicated and executed across India,” the affidavit reads, adding that such acts “disentitle” the petitioners from bail.
The police also cited the Delhi High Court’s earlier observations in a related case, which held that some accused were responsible for delays in the trial process.
According to the affidavit, Umar Khalid was the “chief conspirator” behind the Delhi violence, allegedly “mentoring Sharjeel Imam in organizing the first phase of violence.” Imam’s WhatsApp chats from December 2019 “purportedly showed his role in mobilizing protests that turned violent.”
The police claimed Khalid “conceptualized the idea of chakka jam,” road blockades aimed at provoking unrest, and implemented it through Imam and Asif Iqbal Tanha, leading to protest sites like Shaheen Bagh and Jamia.
The affidavit further alleged that in January 2020, Khalid convened a secret meeting in Seelampur with Gulfisha Fatima, Natasha Narwal, and Devangana Kalita, “instructing them to mobilize women to stockpile weapons and incite violence.”
When that plan reportedly failed, women from Jahangirpuri were allegedly brought to Jaffrabad to escalate tensions, said the affidavit.
Gulfisha Fatima was described as a “key local coordinator who turned peaceful protests into violent ones.” Meeran Haider, a member of the Jamia Coordination Committee, allegedly managed protest sites, raised funds, and encouraged attacks on police and non-Muslims, said the affidavit. Shifa-Ur-Rehman, as president of the Jamia Alumni Association, was accused of financing and organizing demonstrations under the guise of anti-CAA and anti-NRC protests, which the police claim culminated in the Northeast Delhi violence between February 23 and 26, 2020.
The Supreme Court is set to hear the bail pleas on Wednesday, following the petitioners’ challenge to the September 2 Delhi High Court order denying them bail.
During the previous hearing on October 27, Justice Aravind Kumar had remarked on the prolonged detention of the accused, now over five years, and implicitly asked Additional Solicitor General S.V. Raju whether bail could be considered on grounds of delay.
“We have given you enough time. You may be appearing for the first time. Last time we said issue notice and that we will hear this matter on October 27 and dispose of it off,” Justice Aravind Kumar reminded Additional Solicitor General S.V. Raju, who appeared for the Delhi Police and sought more time to file a counter-affidavit.
The prolonged incarceration of anti-CAA activists, now exceeding five years and 2,000 days for many, represents a grave assault on democracy, as they are languishing in jail under the draconian UAPA without trial or bail.
Framed as part of a fabricated “larger conspiracy” in the 2020 Delhi pogrom case, many believe that these detentions stem not from violence but from leading peaceful protests against the discriminatory Citizenship Amendment Act, and “a state-orchestrated witch hunt to silence educated Muslim voices and crush dissent.”
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