Umar Khalid & Others' Bail Hearing In Delhi Riots UAPA Case : Live Updates From Supreme Court

To be heard on Nov 6, at 2 pm.

matter part-heard, to be continued.

Gautam: the first bail order notes that my conduct is not only satisfactory in jail but also in court. Same principles applies on parity.

J Kumar: all these people depicted in this photo have been chargesheeted?

Agarwal: no, only sharjeel imam

J Anjaria: what about that accused Tahir?

SG: he's in jail.

Sr Adv Siddharth Luthra mentions Shabad Ahmed matter. SG says the delhi police will file counter.

Counsel Gautam for Saleem: I am permanent resident of Chandbagh, which was one of the areas affected by delhi riots. My antecedents only arise from this case. I was arrested on 11 March 2020, FIR 60 and after 2 and half years, I was arrested in this FIR...I am not a member of any organisation, united against hate etc and I am not a member of any WhatsApp group and I have not send any message to any top conspiractor, no speech.

My primary role is main organiser of chandbagh protest site and have alleged to have attended some meetings. My presence is established in statements 2 months after arrest, and in another prosecution relies upon cctv footage. another allegation that I am seen using viper to [damage] the camera and HC notes the allegation and says that this is not sufficient to prolong my custody. This is passed in Sep...this person has been released 6 times on bai;, 2023- 3 times, 2 weeks in 2024, 10 days in March 2025 and 10 days recently. This person has surrendered and is not on flight risk.

Agarwal: [shows some pictures in chargesheet on secret meetings] next page the picture does not have me.

J Kumar: the pictures of prosecution itself shows you did not picture in those?

J Anjaria: we got an impression this is sketched

SG: its real, only person who clicked is not there

Agarwal: in another they say I am there but I was in Bihar attending last riots of my mother.

Agarwal: my submission is that after 5 yrs, whether merit scrutiny is required? in order to satisfy, i have made a table of what is the allegation against me.

chargesheet alleges that accused deserves separate mention who has been arrested exclusively in this case..allegation is that he raised 1.66 crores out of which 5.63 lacs from various sources...allegation is that I conspired with Sharjeel imam, I have a twitter statement that he should not be allowed to come to protest sites and I went to the Delhi police station during riots and this is now being used that I am conspiratorial.

On issue parity, no evidence of violence, no recovery of weapon, not part of secret meetings and allegation is on 13 Dec, 2019, I did something at Delhi and but consistently from the beginning, I have said, I was in Bihar because my mother passed away.

Agarwal: now they say there was 350 witnesses to be examined and 7 people have to conclude arguments on charges. After 5 yrs, any day for 350 witnesses is a day too many.

In matter like these, if agency says you should not be granted bail, the onus is on you...

On parity, what was the prosecution for those who got bail and who was the allegations against me. I have put the chart-the distinction of law. They were members of the core group Pinjira, warrior, etc-I was not there. Members of Jamia, they have alleged I was there but I was not there.

Secret meeting in Chandbagh, against them and not me. Allegation of distribution of chill power, etc, against them and not me. The only allegation is the fund raising.

Agarwal: HC observation on denying parity to Meeran Haider:

Dec 2019, fallout of CAA protest held and as per prosecution, there was an attempt of regime change. Incidents of violence gave rise to 751 FIRs...offences under arms act, UAPA. I was arrested on 1 April, 2020, I have finished 5 yrs, 11 months.

Last chargesheet on June 2023 and it is said that my investigation is still going on. 17th June, clarity by prosecution was that I am still investigating and during course of above, some accused sought clarity if in their respective that investigation is complete...this will be a line in the stand- question of delay at our instance can't be looked at prior to prosecution taking responsibility that the investigation is over that date is September 2024.

Arguments on charge started on 5th September 2024. Petitioner was granted interim bail, there was a beaverement. i surrended and did not raise any threat. If I was to look at usual bail consideration- i am 34 yrs, pursuing my PhD. I am languishing in custody only in this case and in another, I am on bail because they did not need me. My presence at larger was not threatening and they were able to conclude investigation.

Their investigation for 5 years compelled them to say there are 960 witnesses

SG: while retaining that it shall not be treated as precedent.

Agarwal: SC bail order. In a nutshell, I am not relying on enunciation in law or weakness of prosecution case as dealt by Delhi HC. 3 persons, having some roles ascribed, were granted bail and we raised this issue of parity, and see what the Hon'ble HC did. My role is much lighter.

Agarwal: category 2 is Athar Khan and all, mine is third category with Shifa. Allegations against me [as per delhi HC] raising funds are imp because this was the primary reason to deny me bail:

according to prosecution, 1.64 was amount send to fund riots. Allegation is that I received 80k in bail and 2 lac I received in cash-this is the serious allegation that I have received this amount. Read this in context of 5 years, 7 months in incarceration. They have been a little kind to me, I will show what they said.

On issue of parity, mylords as Mr Khurshid, 3 accused persons were granted bail by Delhi HC in same matter, same conspirator, I had privilege to represent Iqbal. Delhi HC going threadbare gave them bail and it was challenged. 15, June, 2021-four years ago, these 3 granted bail on merits and also in context of larger merit. At initial stage, mylords said it will not be considered as precedent and it has no relevance because bail was granted. They still are on bail.