A Delhi Court on Saturday rejected the bail pleas filed by Umar Khalid and Sharjeel Imam in the larger conspiracy case related to 2020 North East Delhi riots.
Khalid and Imam sought bail on the ground that their continued incarceration without the commencement of trial violates their fundamental right to personal liberty. The Delhi police opposed the bail pleas.
Additional Sessions Judge Sameer Bajpai of Karkardooma Courts dismissed the bail pleas. The Court, according to Live Law, has said that the judgment of Gulfisha Fatima and Syed Iftikhar Andrabi has already been referred to a larger bench and as such unless the issue is settled, the Court cannot consider the bail applications of Khalid and Imam on any ground.
The judge added that he has no option but to follow the judgment of Supreme Court denying bail to the duo.
The Court noted that the Supreme Court had said that only on the completion of the examination of the protected witnesses or upon expiry of one year from the date of said order, whichever is earlier, Imam and Khalid would be at liberty to renew their prayer for grant of bail, Live Law report said.
“Thus, following the said order of the Hon'ble Supreme Court, this Court cannot entertain the applications and grant bail to the applicants. Infact the applications are not maintainable and they are hereby dismissed,” the Court said, according to the report.
Earlier, according to a report by news agency PTI, Khalid argued that although the Supreme Court had rejected his bail plea on January 5, subsequent judicial developments amounted to a "change in circumstances", making his fresh application maintainable.
Imam, in his application, said there had been no "significant development" in the proceedings even six months after the Supreme Court denied him bail. He also contended that he has remained in custody for nearly six years without trial and that charges are yet to be framed in the case, according to the report.
