New Delhi: The Delhi High Court on Thursday granted bail to Salim Malik alias Munna in the larger conspiracy case linked to the 2020 Delhi riots, holding that his role was akin to that of certain co-accused who have already been enlarged on bail by the Supreme Court.
A division bench of Justices Prathiba M. Singh and Madhu Jain observed that the allegations against Malik placed him in the category of a “local-level facilitator” rather than a key conspirator involved in conceptualising the alleged larger conspiracy.
The Delhi High Court observed that there was “no major distinction” between the role attributed to Malik and that attributed to Mohd. Saleem Khan and Shadab Ahmad, whose bail was allowed earlier this year by the apex court in the case of Gulfisha Fatima v. State (Govt. of NCT of Delhi).
“After having considered the role of the appellant, this court is of the view that the same is similar to the role which is attributed to Mohd. Saleem Khan and Shadab Ahmad, who had also participated in the meetings, protests, and chakka jams,” the order said.
The Justice Singh-led Bench further noted that Malik had remained in custody for more than five years and ten months and that arguments on the charge were still being heard before the trial court.
“Accordingly, the trial is going to take some time,” the Delhi High Court observed while granting bail subject to stringent conditions.
As per the prosecution, Malik attended meetings in mid-February 2020 and was allegedly involved in planning protests, delivering inflammatory speeches, and participating in rioting activities, including carrying stones and inciting clashes with police. Opposing the bail plea, Additional Solicitor General S.V. Raju, appearing for the Delhi Police, argued that Malik had actively participated in the conspiracy and that the embargo on bail under Section 43D(5) of the Unlawful Activities (Prevention) Act (UAPA) continued to apply.
However, the Delhi High Court relied upon the Supreme Court’s findings in the Gulfisha Fatima judgment, where the apex court had drawn a distinction between “core ideological drivers” of the alleged conspiracy and “local-level facilitators” or “field operators”.
The Justice Singh-led Bench reproduced portions of the apex court judgment, observing that Saleem Khan and Shadab Ahmad were alleged to be site-level executors and operational coordinators rather than architects of the conspiracy. It said that the allegations against Malik also reflected an “operational” and “execution-centred” role and did not place him in the category of those accused of conceptualising or directing the larger conspiracy.
While enlarging Malik on bail, the Delhi High Court imposed several conditions, including furnishing a personal bond of Rs 2 lakh with two sureties, restrictions on leaving Delhi without prior permission, surrendering his passport, and appearing before the SHO of the Crime Branch twice a week. The order also restrained him from contacting witnesses, participating in rallies or public gatherings, publishing any material concerning the case, or associating with any group linked to the subject matter of the FIR till the conclusion of the trial.
According to the Delhi Police, several student activists involved in organising protests against the Citizenship Amendment Act (CAA) during 2019-2020 had conspired to engineer the riots that erupted in North-East Delhi in February 2020. Earlier this year, the Supreme Court dismissed the bail pleas of Umar Khalid and co-accused Sharjeel Imam in the case, holding that the prosecution material disclosed prima facie grounds attracting the statutory embargo on bail under Section 43D(5) of the UAPA. However, the apex court granted bail to five other accused — Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohd Saleem Khan and Shadab Ahmed — while declining relief to Imam and Khalid.
(IANS)
