New Delhi

The Delhi High Court on Wednesday reserved its verdict on bail pleas of activists Sharjeel Imam, Umar Khalid and others facing prosecution in a UAPA case related to the alleged conspiracy behind the February 2020 riots.

A bench of Justices Navin Chawla and Shalinder Kaur reserved its order after hearing the arguments on behalf of the prosecution and various accused.

The prosecution vehemently opposed the bail plea, saying it was not a case of spontaneous riots but a case where riots were planned well in advance with a sinister motive and well-thought-out conspiracy.

Solicitor General Tushar Mehta, representing the prosecution, contended that it was a conspiracy to defame India on a global level and mere long incarceration is no ground for bail.

"If you do anything against your nation, you better be in jail till you are acquitted," he argued.

Imam's counsel argued earlier that he was "completely disconnected" with the place, time and co-accused persons, including Umar Khalid. Imam's speeches and WhatsApp chats never called for any unrest, he argued.

Umar Khalid, Imam and several others have been booked under the Unlawful Activities (Prevention) Act (UAPA) and provisions of the Indian Penal Code for allegedly being the "masterminds" of the February 2020 riots, which left 53 people dead and over 700 injured. The violence erupted during protests against the CAA and the NRC.

Imam was arrested in the case on August 25, 2020. While challenging the trial court orders refusing bail, Imam, Umar Khalid and others cited their long incarceration and parity with other co-accused who were granted bail.

The bail pleas by Imam and other co-accused -- Khalid Saifi, Gulfisha Fatima and others -- are pending in the high court since 2022 and were heard by different benches from time to time.

Police have opposed the bail applications of all accused, saying the communal violence of February 2020 was a case of "clinical and pathological conspiracy".

Speeches by Umar Khalid, Imam and other accused created a sense of fear with their common pattern of reference to CAA-NRC, Babri mosque, triple talaq and Kashmir, police have alleged.

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They have contended that in a case involving such "grave" offences, the principle of "bail is the rule and jail is the exception" could not be invoked. They have also stated that there was no material to suggest any attempt by the prosecution to delay the trial court proceedings and that the right to a speedy trial was not a "free pass".