A Delhi Court on Thursday dismissed the bail plea of president of Alumni Association, Jamia Millia Islamia, Shifa-Ur-Rehman in a larger conspiracy case in connection with the northeast Delhi violence in February 2020.
Shifa was booked and charge-sheeted under sections of the Unlawful Activities (Prevention) Act by the Delhi Police.
Additional Sessions Judge (ASJ) Amitabh Rawat dismissed the bail application after considering the submission and contentions of Defence counsels and Special Public Prosecutor.
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 are prima facie true."
He also said, "Since there are reasonable grounds for believing that the accusations against the accused Shifa-Ur-Rehman are prima facie true, hence, the embargo created by Section 43D of UAPA applies for grant of bail to the accused and also, the embargo contained in Section 437 of CrPC."
Advocate Abhishek Singh and Amit Bhalla's counsels for the accused had argued that the accused has been in custody since April 26, 2020 and the investigation has been completed. The main charge sheet was filed on September 16, 2020 and the trial will take a long time.
The Counsels also argued that no case under UAPA or any other penal provision is made out against the accused. The charge sheet is filed without a valid sanction order. No court can take cognizance of any offence under UAPA without the previous sanction of the central government or any office authorised by the central government on his behalf.
On the other hand, opposing the bail application Special Public Prosecutor (SPP) Amit Prasad had argued that there is sufficient material on record to establish that the accusation against the accused is prima facie true and hence he should not be granted bail.
SPP Amit Prasad also argued that the accused was a member of Jamia Coordination Committee (JCC) and the WhatsApp group of JMI Coordination Committee and JCC_JMI. There are statements of numerous witnesses including protected public witnesses highlighting the incriminating material against the accused. A broad reading of all the statements brings out the role of the accused Shifa ur Rehman in the context of conspiracy and riots.
According to the prosecution, 53 people died and hundreds were injured in the violence that broke out in northeast Delhi in February 2020.
(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)
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