The Delhi Police on Thursday opposed the bail pleas of activists Umar Khalid, Sharjeel Imam and others accused of being part of an alleged larger conspiracy behind the 2020 Delhi riots, arguing that “intellectuals” who “become terrorists” are more dangerous than those working on the ground, The Indian Express reported.
Additional Solicitor General SV Raju was quoted as having told the Supreme Court: “Intellectuals when they guide and become terrorists, they become more dangerous than those working at the ground…Because of state support-state fundings and subsidies, they become doctors and activists – these types of activists are dangerous.”
Raju went on to claim that the persons accused in the matter were “anti-nationals and nuisances, who are donning the facade of intellectuals and activists”, Live Law reported.
He claimed that the “ultimate aim” of the persons accused in the case was not merely a protest but a deliberate attempt to cause social unrest and regime change.
The Supreme Court bench of Justices Aravind Kumar and NV Anjaria was hearing hearing the bail pleas of Khalid and Imam along with those of Gulfisha Fatima, Meeran Haider, Athar Khan, Abdul Khalid Saifi, Muhammad Saleem Khan, Shifa-ur-Rehman and Shadab Ahmed, who have jointly challenged the Delhi High Court’s September 2 judgement dismissing their applications for bail.
On Thursday, the police played videos in court of the allegedly provocative speeches made by Imam, Live Law reported.
In particular, Raju pointed to parts of the speeches in which Imam allegedly called for a “chakka jam” in Indian cities and comments about severing the strategic “chicken’s neck” corridor, which links the North East with the rest of India.
Raju further argued that the violence during the February 2020 riots was pre-planned and intentionally timed to coincide with the visit of United States President Donald Trump “so that it can be covered by international media”.
When Justice Kumar asked the additional solicitor general to address the evidence in relation to the merits of the bail pleas, Raju said that none of the persons accused in the matter had sought bail on merits. “They are banking on the ground of delay in trial to get bail,” he claimed.
Advocate Siddharth Dave, appearing for Imam, contested the police’s agreements, claiming that the prosecution was only presenting selective portions of the speeches to create a prejudicial impression, The Hindu reported.
The activists were arrested between January 2020 and September 2020 in connection with the communal violence that broke out in North East Delhi in February 2020 between supporters of the contentious Citizenship Amendment Act and those opposing it. The violence had left 53 dead and hundreds injured. Most of those killed were Muslims.
The accused were charged under the Unlawful Activities Prevention Act, the Prevention of Damage to Public Property Act, the Arms Act and sections of the Indian Penal Code.
Imam has been in custody since January 2020. Khalid was arrested in September 2020.
The bail pleas will continue to be heard on Friday.
The accused have maintained that they were exercising their constitutional right to peaceful protest and that the larger conspiracy case is an attempt to criminalise dissent.
They have argued that their prolonged incarceration amounts to punishment before conviction, as the trial court is yet to frame charges and dozens of witnesses remain to be examined.
They have also sought parity with the other co-accused in the case – student activists Asif Iqbal Tanha, Devangana Kalita and Natasha Narwal – who were granted bail in June 2021.
Also read: The price that Umar Khalid is paying for dissenting in Modi’s India
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