The Supreme Court on Monday declined a request by the Delhi Police seeking two weeks’ time to file counter affidavits in response to bail petitions filed by activists Umar Khalid, Sharjeel Imam and three others accused of being part of a “larger conspiracy” behind the 2020 Delhi riots, Live Law reported.
A bench of Justices Aravind Kumar and NV Anjaria stated that enough time had already been granted in the matter.
The bench posted the hearing for Friday and directed the Delhi Police to file the counter affidavit by then.
Khalid and Imam, along with Meeran Haider, Gulfisha Fatima and Shifa Ur Rehman, had challenged a judgement issued by the Delhi High Court on September 2 dismissing their bail applications.
A division bench of Justices Navin Chawla and Shalinder Kaur of the High Court had rejected the bail pleas of Khalid, Fatima, Imam, Mohd Saleem Khan, Rehman, Athar Khan, Haider and Abdul Khalid Saifi.
Another bench of Justices Subramonium Prasad and Harish Vaidyanathan Shankar had dismissed the plea of Tasleem Ahmed.
On September 22, the Supreme Court issued notice seeking the Delhi Police’s response to the petitions filed by Khalid, Imam, Haider, Fatima and Rehman challenging the dismissal of their bail applications.
At Monday’s hearing, Additional Solicitor General SV Raju, representing the Delhi Police, sought time to file a counter affidavit in the matter, Live Law reported. However, the bench said that sufficient time had already been given
“Last time we said issue notice and we said in that open court that we will hear this matter on October 27th and will dispose it off,” Live Law quoted Kumar as saying.
He added: “What is the question a counter-affidavit in a bail matter?"
Advocate Kapil Sibal, representing Khalid, said that the petitioners had been in jail for more than five years. Advocate AM Singhvi, appearing for Fatima, said that the case centred on the delay in trial and that there should be no further delay in the proceedings.
The Supreme Court adjourned the hearing to October 31 while directing the Delhi Police to obtain proper instructions and file its counter affidavit by that date, The Hindu reported.
The violence in 2020 had left 53 dead and hundreds injured. Most of those killed were Muslims.
The Delhi Police have claimed that the violence was part of a larger conspiracy to defame Prime Minister Narendra Modi’s government and was planned by those who organised the protests against the amended Citizenship Act.
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