Delhi Riots Accused Moves High Court Seeking Interim Bail To Arrange Funds For Daughter's Academic Fee, Hearing Tomorrow

Mohd. Salim Khan, an accused in the UAPA case alleging a larger conspiracy in the 2020 North-East Delhi riots, moved the Delhi High Court on Thursday seeking interim bail for two weeks.

Khan has sought the relief for arranging funds for the academic fee of her daughter who is pursuing her B.A. L.LB.

The matter was heard today by a division bench comprising Justice Chandra Dhari Singh and Justice Anup Jairam Bhambhani.

At the outset, Justice Singh told Khan's counsel that the interim bail by the accused must be listed before the Bench which is adjudicating the bail appeal filed by him.

The counsel told Court that Khan's bail plea, which is pending since last three years, is presently pending adjudication before a special bench headed by Justice Navin Chawla which does not sit regularly and only assembles on specific dates.

To this, Justice Bhambhani said: “Normally, interim bail also goes where the main bail is. We see your point that there is difficulty due to special bench but that bench will see.”

The Court then ordered that the interim bail plea be listed before the special bench tomorrow, subject to orders of the Chief Justice.

“It is prayed that the interim bail be also listed [before the special bench]. At request, list before the same bench [comprising Justice Navin Chawla and Justice Shalinder Kaur] with permission of the Chief Justice…For tomorrow,” the Court said.

Khan has challenged the trial court order dismissing his interim bail application on March 25.

Before the trial court, Khan said that due to financial constraints, the 3rd and 4th Semester Academic fee of his daughter was not paid and that prior to his arrest, he was managing a business and was having a closing stock of over Rs.16 lacs which could be disposed of at an economical price by him and the funds generated could be used for paying the academic fees.

The trial court denied the relief observing that Khan was granted interim bail four times for different reasons and had raised similar ground of selling of stock in an earlier application as well.

“The applicant was supposed to do the needful earlier when he was released on interim bail for a reasonable time. The applicant certainly cannot misuse the process of law and seek interim bail only on reasonable reasons. This time the court doesn't deem it appropriate to allow the prayer of the applicant and the same is dismissed,” the trial court had said.

The special bench is hearing the bail pleas filed by accused persons namely Umar Khalid, Sharjeel Imam, Mohd. Saleem Khan, Shifa ur Rehman, Shadab Ahmed, Athar Khan, Khalid Saifi and Gulfisha Fatima. 

FIR 59 of 2020 was registered by Delhi Police's Special Cell under various offences under the Indian Penal Code, 1860 and the Unlawful Activities (Prevention) Act, 1967.

The accused in the case are Tahir Hussain, Umar Khalid, Khalid Saifi, Isharat Jahan, Meeran Haider, Gulfisha Fatima, Shifa-Ur-Rehman, Asif Iqbal Tanha, Shadab Ahmed, Tasleem Ahmed, Saleem Malik, Mohd. Saleem Khan, Athar Khan, Safoora Zargar, Sharjeel Imam, Faizan Khan and Natasha Narwal.

Title: Mohd. Salim Khan v. State