They wanted regime change like in Bangladesh, Nepal: Delhi Police tells SC during Umar Khalid's bail hearing

The Delhi Police on Friday told the Supreme Court that the six accused persons in the larger conspiracy case connected to Delhi riots of 2020 aimed at a regime change in the country through riots like in Bangladesh and Nepal.

The top court was hearing the bail pleas filed by accused Umar Khalid, Sharjeel Imam, Gulfisha Fatima, Meeran Haider, Shadab Ahmed and Mohd Saleem Khan.

Additional Solicitor General SV Raju, appearing for Delhi Police, told a bench of Justices Aravind Kumar and NV Anjaria that the accused persons carried sticks, acid bottles, firearms when protesting against the Citizenship Amendment Act (CAA), according to a report by Bar and Bench.

"Conspiracy to commit murder. The larger purpose was regime change. All those who went for the so called dharna carried sticks, acid bottles and firearms were used. The systematic plan was to have a regime change riot like it happened in Bangladesh or Nepal. This was the extent of the conspiracy. These were people who have scant regard to the Constitution. Since 43(d)(5) is covered this is not a case for bail," Raju contended.

He also told the court that sticks and lathis were stockpiled, CCTV cameras were covered and that a police official had been killed during the unrest.

Clippings of CCTV visuals from Chandbagh were played in open court as part of the police’s submissions. “They wanted to carry high level of violence, which was not possible with CCTV cameras so they destroyed CCTVs," the ASG said.

The ASG argued that the alleged conspiracy operated “under the guise of chakka jam", and said that its purpose was to trigger violence at multiple locations. He said, “Their conspiracy was to choke Assam out of India. There are statements showing Assam was to be cut off from the rest of the country."

Referring to violence in Murshidabad, West Bengal, the ASG added that the “chicken neck areas" had also been targeted during related protests.

“In West Bengal, protests escalated into riots in Murshidabad, Howrah, Malda, Nadia and North 24 Parganas. Incidents included the torching of five trains (notably at Lalgola and Krishnapur) and vandalism at four railway stations (Uluberia, Harishchandrapur and others). The state reported widespread property damage, with railway losses exceeding Rs 70 crores. More than 300 people were arrested, and the Railways filed about 17 FIRs," the ASG informed.

Raju told the bench that bail cannot be granted citing delay in trial since the delay has been due to the accused and not the prosecution, Bar and Bench reported.

What is the case?

Umar Khalid and others moved the top court against the Delhi High Court's September 2 order denying them bail. The top court had issued notice to the police on September 22.

The riots occurred in February 2020 following clashes over the then-proposed Citizenship Amendment Act (CAA). As per the Delhi Police, the riots caused the death of 53 persons and injured hundreds.

The present case pertains to allegations that the accused had hatched a larger conspiracy to cause multiple riots. The FIR in this case was registered by a Special Cell of the Delhi Police under various provisions of the Indian Penal Code (IPC) and the UAPA. Most have been in custody since 2020.

In response to present petitions seeking bail, the Delhi Police has filed a 389-page affidavit detailing why the accused should not be granted bail.

During the hearing of the matter on October 31, Umar Khalid, Sharjeel Imam and Gulfisha Fatima told the Court that they did not make any calls for violence and were only exercising their right to peaceful protests against the Citizenship Amendment Act (CAA)

While Khalid told the Court that he was not even in Delhi when the riots took place, Imam said that he never made any calls for violence but only called for peaceful blockades.