SC confirms bail to Delhi riots accused

New Delhi: The Supreme Court on Monday dismissed a petition filed by the Delhi Police, challenging the grant of bail to one of the accused in the conspiracy behind the north east Delhi riots that led to 53 deaths in February this year.

The accused, Faizan Khan was released on bail by the Delhi High Court on October 23 after the court found no ground to directly link him with the commission of offence. Khan was charged under the Unlawful Activities (Prevention) Act in March this year and was accused of arranging SIM card for a co-accused Asif Iqbal Tanha. According to the police, this number was used to communicate messages by students of the Jamia Coordination Committee (JCC), who too were charged for instigating the February riots in protest to the Citizenship Amendment Act (CAA) passed by Parliament in December last year.

Khan had been named in a supplementary charge sheet, along with former Umar Khalid and Sharjeel Imam, filed by the special cell of the Delhi Police on Sunday.

Dealing with the Delhi Police’s appeal, a three-judge bench of justices Ashok Bhushan, RS Reddy and MR Shah said, “The special leave petition is dismissed.”

Additional Solicitor General (ASG) SV Raju told the bench that observations made by the high court should not influence the trial in the case. The bench went on to state, “We make it clear that observations made by the high court in the impugned judgment are only for the purpose of granting the bail and shall not be treated any expression of opinion during trial.”

The HC had observed, “For invoking the UAPA against the present petitioner, it is the duty of the investigating agency to demonstrate that the petitioner had ‘actual knowledge’ that the said SIM card would be used for organizing the protests.” It was imperative for the investigation agency to demonstrate that the petitioner had “active knowledge” about the utilization of the said SIM card. It is not alleged that the petitioner was party to any such conspiracy to organize protests. Since the SIM card was provided in December 2019 while the violence erupted in February 2020, the HC noted, “There is no proximate nexus between the aforesaid alleged incidents nor is it alleged that the said SIM card was provided, on the pretext or with the intention/objective, to be utilized for organizing protests.”

Khan was released on bail on payment of Rs 25000 bail bond and one surety of the like amount. He was directed not to tamper with evidence or influence any witnesses in the case.

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