North East Delhi Violence: HC issues notice on plea of accused challenging order denying bail

New Delhi [India], November 1 : The Delhi High Court on Tuesday issued notice to Delhi Police on the appeal moved by accused Saleem Malik alias Munna in a matter related to the North East Delhi riots larger conspiracy case.
The case has been listed before the Special bench hearing other connected bail matters related to the North East Delhi riots larger conspiracy case.
The petitioner has challenged the order of the trial court denying him bail in the matter. His bail plea was dismissed by Karkardooma Court on October 6, 2022.
The division bench comprising justices Mukta Gupta and Anish Dayal issued a notice to Delhi police. Special Public Prosecutor Amit Prasad accepted the notice for Delhi Police.
The matter has been listed before the special bench of justices Sidharth Mridul and Rajanish Bhatnagar where all other connected bail matters are pending.
The division bench said, "list the appeal before the special bench on November 18, subject to the orders of the chief justice."
A trial Court on October 6 had dismissed the bail plea of Saleem Malik. The allegation against the accused is that he was one of the main organisers of the Chand Bagh protest site during the protest against CAA-NRC.
Chand Bagh was the area where the violence started at first of all. Chand Bagh was the area where the Police personnel including Head Constable Ratan Lal were attacked. Ratan had died and other police personnel including DCP were injured after they were attacked by the mob.
Additional Sessions Judge (ASJ) Amitabh Rawat of Karkardooma Court had dismissed the bail plea of Saleem Malik after noting the submission of Delhi Police and in view of the bar on bail in offences under the Unlawful Activities Prevention Act (UAPA).
ASJ Rawat said, "On the perusal of the charge sheet and accompanying documents, for the limited purpose of the bail, I am of the opinion that allegations against the accused Saleem Malik alias Munna are prima facie true."
"Since there are reasonable grounds for believing that the accusation against the accused are prima facie true, hence, embargo created by Section 43 D of UAPA applies for a grant of bail to the accused and also, the embargo contained in Section 437 Cr. P. C.
The bail application stated that the accused was booked under UAPA by the Delhi Police for allegedly hatching a larger conspiracy of North East Delhi riots of February 2020. Initially, he was arrested on March 11, 2020, in another riots case and was in judicial custody.
He was arrested from Mandoli Jail in the present case on June 25, 2020, after a delay of three months and nineteen days since the lodging of the FIR. The allegations in the present case are similar to the offence in the previous FIR registered at police station Dayal Pur, the petition stated.
Advocate Bilal Anwar Khan, the counsel for the accused, submitted that the accused is not the co-conspirator or the abettor as alleged. The allegations and material against the accused are not as serious as compared to the other accused persons. The accused is not a member of any Whatsapp group or any meetings, as detailed in the charge sheet.
The threshold of sections 13, 16, 17 and 18 is the 'terrorist act' and in the light of the role ascribed to the present accused, the said threshold is not met.
On the other hand, Special Public Prosecutor (SPP) Amit Prasad had opposed the bail application submitting that the accused was part of a conspiracy of riots. He submitted that the accused participated in the meeting of 16 and 17 February 2020 which was organised for the planning of Chakka Jaa at Chand Bagh. He had links with Suleman Siddiqui, Athar, Mohd. Saleem Khan and Shadab. There are statements of various witnesses like Pluto, Silver, Gold, Venus, Johny, HC Sunil and Constable Gyan supporting the allegations.
The SPP pointed to the video showing how the CCTV cameras installed at Chand Bagh area were systematically dislocated so that the footage of riots could not be found.
In the supplementary chargesheet, the analysis of CCTV cameras in
the streets on 25 Foota Road, Chand Bagh and Mustafabad area based upon the footage was filed and it showed mobilization of rioters prior to the dislocation and disconnection of all 26 functional (out of 33) CCTV cameras on February 24, 2020, SPP argued.
The SPP also argued that the said largescale mobilization of rioters was purposely done and it was to carry out the riots in the Chand Bagh area and which actually happened. Within 10 minutes of the final camera being dislocated/disconnected, one of the major casualties of the riots i.e. death of Rattan Lal and injuries to various police personnel including DCP (Shahdara) took place on the road on which the rioters descended. This was also captured in video footage.
This case pertains to the larger conspiracy of the North East Delhi riots of February 2020. In this riot, 53 people were killed and hundreds were injured. Riots were reported from many parts of North East Delhi on February 2020.