HC questions prolonged detention in NE riots case
Delhi High Court
on Tuesday wondered how long the prosecution can oppose bail for accused persons jailed in connection with the Feb 2020 riots that rocked northeast Delhi.
During the hearing of one such case, the court asked Delhi Police how long the accused people could be kept in jail, after highlighting the passage of five years and the fact that arguments on charge were still not concluded in the terror case related to the 2020 riots.
A bench of Justices Subramonium Prasad and Harish Vaidyanathan Shankar posed the question to Delhi Police during the hearing of the bail application of Tasleem Ahmed, accused in a case related to an alleged larger conspiracy in the riots, lodged under the stringent Unlawful Activities (Prevention) Act (UAPA). Ahmed, the owner of a coaching centre, is accused of being part of the larger conspiracy case in relation to the riots.
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"Five years have gone by. Even arguments on charge have not completed. In matters like this, 700 witnesses, how much time can a person be kept inside?" the bench observed, pointing out the delay the trial is likely to take. The court made the query after the accused's advocate, Mehmood Pracha, raised the issue of delay in the proceedings in the case.
Pracha said he won't be making submissions on the case's merit but would seek relief on the ground of parity in relation to the delay in trial.
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He cited the examples of co-accused Devangana Kalita, Asif Iqbal Tanha and Natasha Narwal, who were granted bail on the ground of delay in 2021. "He (Ahmed) was arrested on June 24, 2020… I have already spent five years (in jail)," Pracha argued, seeking urgent relief. He claimed his client never caused a delay in the case proceedings.
Special public prosecutor Amit Prasad opposed the submission, arguing that the prosecution cannot be blamed for the delay in trial as there were several occasions when the matter was adjourned at the accused persons' request. Pracha went ahead to confine his argument to the delay in trial. The court will continue to hear arguments on July 9.
The violence in northeast Delhi in Feb 2020 left at least 53 people dead and around 700 injured.
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