New Delhi [India], January 7 (ANI): Firmly opposing the bail of the accused in Delhi riots cases before the Delhi High Court, the police stated on Tuesday that the right to life must not be viewed in isolation.
The division bench of Justices Navin Chawla and Shalinder Kaur listed the matter for further arguments on Wednesday. ASG Sharma and Special Public Prosecutor (SPP) Amit Prasad appeared for the Delhi police.
The High Court is dealing with bail pleas of accused Umar Khalid, Sharjeel Imam, Meeran Haider, Abdul Khalid Saifi, Saleem Khan, Saleem Malik, Athar Khan, Gulfisha Fatima and others. The High Court is hearing arguments on behalf of Delhi police.
ASG Sharma said those killed and injured in the riots also had the right to life. It can’t be seen in isolation as a right to accused persons only.
ASG argued that there was large-scale violence. Hundreds of people including cops injured and 53 people died.
There was a conspiracy to incite riots, which was orchestrated by forces hostile to India, ASG further argued.
In support of the gravity of the offence, the ASG, at the outset mentioned the figure of people injured and died in December 2019 and February 2020. ASG Submitted that 208 police personnel were injured and there was one death of a policeman.
He further submitted that 700 civilians were injured and 53 died in the riots.
Regarding the granting of bail under the Unlawful Activities (Prevention) Act (UAPA), the Additional Solicitor General (ASG) stated that for bail to be granted, the court must establish that there are reasonable grounds to believe the accused is not guilty of the alleged offence.
He argued that no bail shall be granted if there is reason to believe that there is ground to believe that accused is guilty of offence alleged against him.
Generally, it is said that bail is a rule and jail is an exception, he said. But in such cases, “Jail is a rule” if after hearing the Public Prosecutor, the court believes that the accused is guilty of the offences.
During his arguments, the ASG also opposed the contention of contradiction raised by the accused persons. He said that contradiction must not be on the surface, it must be in evidence.
“Mere delay in trial of grave offences is not a ground for grant of bail,’ ASG added.
He further submitted that the trial court had listed the matter for arguments on framing of charges. There is no consensus, not ready to argue on a charge, sufficient time has been given. There is a delay on the part of the accused persons.
In his concluding arguments, the ASG stated that during the riots, there was mass violence, resulting in several deaths, which brought Delhi to its knees.(ANI)
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