New Delhi, Jan 28 (PTI) The Delhi Police on Wednesday told a court here that there were reasonable grounds to believe that the "prima facie accusations" were true against Delhi riots larger conspiracy
case accused Salim Malik, Athar Khan and former MLA Tahir Hussain.
The submissions were made before Additional Sessions Judge Sameer Bajpai who was hearing the bail applications of the three accused.
All three accused had filed their bail applications after the Supreme Court granted bail to five other accused in the same case, contending that they are facing similar charges and seeking parity.
During the arguments, the special public prosecutor (SPP) opposed the bail of all three accused, saying that prima facie accusations show that they were involved with the main conspirators in the case.
“Bail applications of Salim Malik and Athar Khan were dismissed by the predecessor court and the high court. Salim had also withdrawn his bail application filed in the Supreme Court, while Hussain had withdrawn his bail application from the trial court,” he informed the court.
Athar Khan, Salim Malik and Tahir Hussain were charged under the stringent Unlawful Activities Prevention Act (UAPA) over their alleged involvement in the 2020 riots.
The SPP contended that the offence against the three accused attracted UAPA Section 43D (5) as there were reasonable grounds for believing that the accusation against them was prima facie true.
“Prima facie accusations show their involvement with the main conspirators in the case. The nature of the petitions is kind of a review petition. This is not maintainable in court,” he said.
The court is likely to pass an order on the bail applications of all three accused on Thursday.
According to the Section 43D (5) in the UAPA, the accused person shall not be released on bail or on his own bond if the court, on a perusal of the case diary or the report made under section 173 of the Code, is of the opinion that there are reasonable grounds for believing that the accusation against such person is prima facie true.
Athar Khan, a former call centre employee, has been accused of being one of the main organisers of the protest at Chand Bagh in northeast Delhi and allegedly delivering inflammatory speeches there.
According to the Delhi Police Special Cell, Athar Khan allegedly participated in secret meetings, in which he said that the "time has come to burn Delhi" and coordinated the destruction of CCTV cameras.
Salim Malik was also among the 11 alleged organisers and speakers of the anti-CAA/NRC meeting.
The alleged organisers are Mohammed Saleem Khan, Salim Malik, Mohammed Jalaluddin alias Guddu Bhai, Shahnawaz, Furkan, Mohammed Ayub, Mohammed Yunus, Tabassum, Mohammed Ayaz and his brother Khalid.
On January 5, the Supreme Court granted bail to five accused -- Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohd Saleem Khan and Shadab Ahmad -- in the 2020 Delhi riots conspiracy case.
The top court, however, denied relief to activists Umar Khalid and Sharjeel Imam, saying all the accused in the case did not stand on the same footing.
There was a prima facie case against Khalid and Imam under the UAPA, a bench of Justices Aravind Kumar and N V Anjaria said while denying bail to the two former Jawaharlal Nehru University students.
Of the 20 accused named in the case, two are still absconding and the remaining 18 applied for bail in the past.
Out of the 18, seven are still in prison, including Khalid, Imam, Athar Khan, Salim Malik, former AAP MLA Tahir Hussain, Tasleem Ahmed, and Khalid Saifi. PTI SKM SKM KVK
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