"Given Enough Time": Top Court Raps Delhi Cops In Umar Khalid Bail Hearing

The Supreme Court today pulled up the Delhi Police for not filing a response to bail petitions by Umar Khalid, Sharjeel Imam, and others accused in the 2020 Delhi riots case.

The court also asked the Delhi Police to reply whether bail can be granted on grounds of delay in trial in cases where the accused have spent more than five years in jail.

At the outset, Additional Solicitor General SV Raju, appearing for Delhi Police, requested two weeks to file a response. The court rejected this request and said it would hear the matter on Friday.

"Frankly speaking, in bail matters, there is no question of filing counter," the bench of Justice Aravind and Justice NV Anjaria told the Delhi Police. The bench reminded the Delhi Police that it had clearly stated in the previous hearing that it would dispose of the case today.

"We have given you enough time. You may be appearing for the first time. Last time we said issue notice and we said in that open court that we will hear this matter on October 27th and will dispose it of, " Justice Aravind Kumar said. "What is the question of a counter-affidavit in a bail matter?"

Senior Advocate Kapil Sibal, appearing for Umar Khalid, said the petitioners have been behind bars for over five years now.

Senior Advocate Abhishek Singhvi said the whole case is about a delay in the trial, and there should be no further delay in the hearing.

The Supreme Court then posted the matter for Friday and directed Delhi Police to file a counter-affidavit before that.

The top court is hearing a plea by Umar Khalid, Sharjeel Imam, Meeran Haider, Gulfisha Fatima and Shifa-ur-Rehman, accused in the conspiracy case linked to the Delhi riots.

While rejecting their bail petitions, the Delhi High Court said that the role of Umar Khalid and Sharjeel Imam is prima facie grave and that they delivered inflammatory speeches to instigate Muslims. "A hurried trial would be detrimental to the rights of both appellants and State," the high court said.

The high court ruled that granting bail solely on the ground of long incarceration and delay in trial is not a universally applicable rule.