2020 Delhi riots case: Accused involved in ‘deliberate attempt to destabilise state,’ police claims in affidavit

NEW DELHI, OCT 30 : The Delhi Police on Thursday filed its counter-affidavit in the Supreme Court on the bail pleas of anti-CAA activists accused in the larger conspiracy case linked to the 2020 Delhi riots. In the affidavit, the police alleged that the accused persons, including student leaders Sharjeel Imam and Umar Khalid had conspired to strike at the sovereignty and integrity of the country by a “regime change operation” executed under the guise of “peaceful protest.”

The bail pleas of Imam, Khalid, and other activists are expected to be considered on Friday by a two-judge bench of the apex court, headed by Justice Aravind Kumar and Justice N V Anjaria.

The Delhi Police in its affidavit, vehemently pleaded that the accused persons’ bail pleas should be dismissed forthwith, as they were involved in “deep-rooted and fervent complicity in engineering a nation-wide riots on communal lines.”

“The conspiracy hatched, nurtured and executed by the petitioner was to strike at the very heart of the sovereignty and integrity of the country by destroying the communal harmony; instigating the crowd not only to abrogate public order but to instigate them to an extent of armed rebellion,” the affidavit claimed.

It further claimed that the materials on record, including chats referencing US President Donald Trump, established beyond doubt that the conspiracy was “pre-planned.”

“This was done so as to draw the attention of international media, and to make the issue of CAA a global issue by portraying it as an act against the Muslim community in India. The issue of CAA was carefully chosen as to serve as a radicalising catalyst camouflaged in the name of peaceful protest,” the affidavit alleged.

Delhi Police further contended that the evidence on record suggests that the conspiracy was sought to be replicated and executed PAN India.

“In the offences which strike at the very root of the integrity of India [UAPA offences], jail and not bail, is the rule. The allegations against the petitioner is prima facie true. The onus of refuting the said presumption rests with the petitioners which they have miserably failed to discharge. The bail in the present case, specifically in view of the extreme severe gravity of the offence, cannot be granted only on the ground of delay for which the petitioner themselves are responsible,” the affidavit added.

Delhi police also alleged that the delay in framing of charges in the case was because the accused persons “abused the process of law” and “obfuscated the investigation.”

“The delay which has occurred in the commencement of trial is solely attributable to the petitioner. Both the Hon’ble High Court as well as the special court has given judicial findings after findings, elaborating as to how the petitioners working in tandem have not allowed the charge to be framed in the matter,” it stated.

On September 6, the former JNU student, Imam, moved the SC, after the Delhi High Court rejected his bail plea. He sought bail in the larger conspiracy case under the Unlawful Activities Prevention Act (UAPA) in relation to the 2020 North East Delhi riots case.

Similarly, the former JNU student Umar Khalid on September 10 had approached the Supreme Court challenging the Delhi HC’s order rejecting his bail under the Unlawful Activities (Prevention) Act case related to the alleged criminal conspiracy in the February 2020 riots.

-PTI