New Delhi [India], November 26 (ANI): Gulfisha Fatima, Abdul Khalid Saifi and several other accused in the larger conspiracy case related to the Delhi Riots have sought bail on grounds of parity and their prolonged incarceration in custody. Their bail pleas are pending before the Delhi High Court.
A division bench comprising Justices Navin Chawla and Shalinder Kaur heard partial arguments from the defense counsels of Gulfisha Fatima, Abdul Khalid Saifi, Shifa Ur Rehman, and others. The lawyers focused their arguments on the grounds of parity and prolonged custody.
Their pleas have been listed for further hearing on December 6. The plea of Sharjeel Imam has been listed on December 12 for hearing. The Delhi Police was represented by ASG S.V. Raju and Special Public Prosecutor Amit Prasad.
Senior advocate Kapil Sibal appeared for Gulfisha Fatima. He argued that Fatima should be granted bail based on parity with Natasha Narwal and Devangana Kalita, both of whom had been granted bail under similar circumstances.
“There is nothing on record regarding the actual involvement in riots,” Sibal Submitted.
Senior advocate Sibal submitted that the Plea of parity is very narrow and the broader plea is that Gulfisha Fatima is in jail for 4.5 years.
Senior advocate Rebecca John appeared for Abdul Khalid Saifi. She submitted that there are more than 700 cases. This case of larger Conspiracy is stand-alone. There are separate cases against every individual. Rebecca John pointed out that Saifi had been discharged in a previous riots case in 2020, and no challenge had been made to that discharge. Two more cases are pending against him.
Senior advocate John submitted that there was a delay caused by the Delhi police. It filed One charge sheet and four supplementary charge sheets. With every charge sheet, they arrayed new accused and copies were supplied to each accused.
There are 897 prosecution witnesses in the larger Conspiracy case. The senior advocate further submitted that There is a parity of Abdul Saifi with accused Natasha, Devangana and Asif Iqbal Tanha.
“It was submitted that it is alleged that Abdul Saifi organised the Khureji protest site. Khureji protest site was not the site of violence,” she added. I (Saifi) was associated with UAH. There were no riots at the protest site. The role given to two women and gentlemen was much higher than me,” the Senior advocate submitted.
There was no recovery of any weapon. Saifi was mercilessly beaten by the police, she added.
It is alleged that the Khajuri protest site had the potential to become Shahin Bagh of east Delhi.
Ironically, the Master mind has not been arrested, the people relied upon have not been arrested.
Much delay was caused by the police by filing supplementary charge sheets. Any accused in custody has any gain by delaying the trial. My right to bail and speedy trial has been infringed, a senior advocate submitted.
Senior advocate Salman Khurshid appeared for accused Shifa Ur Rehman who is former president of Jamia Mililia Univesity.
Khurshid emphasised that Rehman’s only association was as the president of the Jamia Millia University Alumni Association, and he had no participation in the alleged meetings or actions linked to the larger conspiracy.
Salman Khurshid said, “Asif and Devangana are on bail. Asif was a member of JCC, the Association of Old Students. Shifa was a member of JCC. He was added being president of Alumni but had no right to participate.”
“Asif was a member of ISO, he had a meeting with Sharjeel and Umar. Shifa Ur Rahman had No meetings with them and had not supplied any SIM cards to other accused persons. No money trail has been found against Shifa ur Rehman,” he added in his submission.
The senior advocate also submitted “Whether there was any larger conspiracy or not, is a subject of trial. Shifa had no participation in secret meetings.”
Counsel for Mohd. Saleem Khan argued that he was granted Interim bail thrice but has not been a threat to witnesses.”
There are allegations against him that he turned the camera, and have a separate FIR for that, counsel argued.
While the court heard the arguments, it acknowledged the gravity of the larger conspiracy allegations. However, the defense argued that many of the accusations were still subject to trial and that prolonged incarceration was unwarranted.
The Delhi Police has alleged that the 2020 riots led to the death of 53 people, with hundreds more injured. (ANI)
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