The Aryavarth Express
New Delhi [India]: The Delhi High Court on Friday issued notice to the Delhi Police on the bail pleas of Saleem Malik alias Munna and Athar Khan, who are accused in the larger conspiracy case related to the 2020 North-East Delhi riots.
A Division Bench comprising Justices Prathiba M. Singh and Madhu Jain directed the police to file their response within two weeks. The court has listed the matter for further hearing on March 3.
The bail pleas of the two accused were earlier rejected by the trial court citing the stringent provisions of the Unlawful Activities (Prevention) Act (UAPA). Challenging that order, the accused have now approached the High Court.
During the hearing, counsel for Saleem Malik argued that similarly placed co-accused, including Saleem Khan and Shadab Khan, have already been granted bail by the Supreme Court, and sought parity in the matter.
Opposing the pleas, the trial court had earlier observed that once a prima facie case had been found against the accused under UAPA, granting bail would amount to reviewing its own earlier decision, which is not permissible.
Advocate Dhruv Pandey appeared for the Delhi Police and accepted the notice issued by the High Court.
On January 29, the Karkardooma Court had rejected the regular bail pleas of former Municipal Councillor Tahir Hussain, Athar Khan and Saleem Malik alias Munna. Additional Sessions Judge Sameer Bajpai held that there was no merit in the applications in view of the bar on bail under Section 43D(5) of the UAPA.
Earlier, on January 5, the Supreme Court granted bail to five accused in the case, while rejecting bail pleas of Umar Khalid and Sharjeel Imam. The trial court later noted that despite the Supreme Court’s orders in respect of some co-accused, it had already formed a prima facie view against the applicants, making them ineligible for bail under UAPA provisions.
The court has also previously dismissed the bail plea of Tahir Hussain, stating that the allegations against him appeared prima facie true and that the statutory bar under UAPA applied.
Several accused, including Tahir Hussain, Umar Khalid, Sharjeel Imam, Natasha Narwal, Devangana Kalita, Asif Iqbal Tanha, Ishrat Jahan and Safoora Zargar, have been chargesheeted under provisions of the Indian Penal Code and the UAPA. The case is currently at the stage of arguments on charges.
