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Conspiracy angle in Delhi riots case politically motivated, say activists, lawyers
Conspiracy angle in Delhi riots case politically motivated, say activists, lawyers
Describing the conspiracy angle in the 2020 Delhi riots case as “baseless” and “politically motivated”, a former judge, activists and lawyers on Wednesday (September 24, 2025) said bail should be given to those languishing in jail for years without trial after being slapped with the stringent Unlawful Activities (Prevention) Act, 1967.
Student activist Umar Khalid and several others have been in jail for over five years, after they were booked in connection with the riots that broke out during protests against the Citizenship (Amendment) Act and the National Register of Citizens. The police had also alleged that some of the accused made “provocative” speeches, which triggered violence.
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Speaking at an event organised under the banner of the Association for Protection of Civil Rights, Justice Iqbal Ansari who retired as Chief Justice of the Patna High Court, said the right to disagree is the soul of democracy. He added that the decision on granting bail to those accused of the alleged conspiracy should be based on the legal principle, which says that until violence doesn't happen because of someone's speech, no crime can be established against those who delivered it.
“If I will not speak for them today, they will not speak for me tomorrow. This is why it's necessary that we all unite and speak for them,” said Justice Ansari.
The Delhi riots ‘larger conspiracy' case was registered by the Delhi Police's special cell soon after the riots broke in the capital in February 2020 leaving 53 dead and hundreds displaced. Those booked for inciting the riots were the AAP's Tahir Hussain, student activist Umar Khalid, Khalid Saifi, Isharat Jahan, Meeran Haider, Gulfisha Fatima, Shifa-Ur-Rehman, Asif Iqbal Tanha, Shadab Ahmed, Tasleem Ahmed, Saleem Malik, Mohd. Saleem Khan, Athar Khan, Safoora Zargar, Sharjeel Imam, Faizan Khan and Natasha Narwa.
The court granted bail to Safoora Zargar in June 2020 on humanitarian grounds on account of her pregnancy. In June 2021, bail was given to Asif Iqbal Tanha, Devangana Kalita, and Natasha Narwal, while Umar Khalid and others continue to be in jail. Hearing on framing of charges in the case is ongoing in Karkardooma court.
Speaking on the issue, advocate Shahrukh Alam questioned the police's failure to produce people who got incited by the speeches of the accused persons. “What they did after being instigated is important. If those who got instigated haven't done anything, instigation cannot be drawn,” Ms. Alam said.
Claiming that videos of BJP leaders Kapil Mishra, Anurag Thakur, and Pravesh Verma instigating people are available in the public domain, advocate Colin Gonsalves alleged that because they are politically connected, no action had been taken against them. “Judiciary is not willing to find out who is behind the Delhi riots. When the case came before Muralidhar [Justice S. Muralidhar of the Delhi High Court], he ordered filing of FIR against BJP leaders. He was transferred the same day,” he said.
Nitya Ramakrishnan, another advocate from Delhi, said that anything that troubled the government could become a reason for jail term for a person. She also criticised the provisions of the UAPA that doesn't give a level playing field for accused and prosecution.
Advocate Prashant Bhushan said: “The world knows that some judges give judgment in favour of government, and the cases of Delhi riots accused were given to judges who will not go against government.”
Advocate Sanjay Hegde questioned that why no judge dealing with the larger conspiracy case asksthe police that if the riots broke out 1,000 km away from the place where a speech was delivered, how can they say that the riots happened because of the speech.
Former bureaucrat Kannan Gopinathan said that when the “government decides what is in the interest of the country, then opposing the government itself is seen as opposing the country”. He added that justice is not charity by the judges, but it's their responsibility to save individuals from state excesses.
Speaking at the event, actor Prakash Raj termed Umar Khalid a ‘future leader'. “Everybody knows why they are in jail. Because they are our future leaders and the government is afraid of them. You know what trial should happen today? Trial of the conscience of judges should happen. They want us to give up standing up for people like Umar. The only way is to keep speaking up,” he added.
Published - September 25, 2025 12:08 am IST
Delhi / riots
Source: The Hindu
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