Umar Khalid, Sharjeel Imam, Gulfisha Fatima Bail Hearing : Live Updates From Supreme Court

Matter will continue on Monday.

Order: heard learned senior advocates, for further hearing Monday. Top of the list.

Dave: on my role- i was the first bloc to act against CAA and distributed pamplets- giving inflammatory speeches for mass mobilising of muslims- reading Delhi police's counter. Can I physically make these? I don't have access to the phone or met anyone. I would be entitled to bail after having undergone 5 years, 2 months and I have mentioned there is no overt act and for chats recovered, I am already on bail. There are FIRs in nagaland, etc

J Kumar: what is the nature of speech?

Dave: I called for chakka jam- blockade and jam for protest against CAA. Pursuant to which speeches were made and I was granted bail but to link me to riots its bit of a stretch. i could not have foresaw that there would be riots.

J Kumar: you were resident of?

Dave: Bihar but I was studying in JNU, PhD. I have completed education from IIT.

J Kumar: permanent resident of where?

Dave: in those speeches, I abhor violence, I don't endorse violence but I say protest. My respectful submission, if I am given bail in parent FIR, [i would be entitled]

Dave for Imam-one aspect- prosecution took 3 years to investigate this matter. FIR lodged 6.3.20- first chargesheet 16.9.20 and last supplementary-7.6.23. There was no occasion for trial to progress because prosecution was saying they were investigating. Qua me, I am arrested on 25.8.20 and first supplementary chargesheet is 22.11. 20.

there was some confusion before the trial court is that whether the prosecution has completed investigation or not. Accused sought this and this was recorded on 4.9. 24- a year ago where it notes that investigation is completed and therefore, it can commence hearing on charge. I am in custody, languishing in jail and till 2024, it is for the first time clarity comes that prosecution has completed investigation.

No of accused persons are there, they all will address on charges. 900 witnesses, and thousands of pages- this is to counter there is no delay.

On merits- i was in custody in another FIR, 25.1.20- FIR 22/2020 and total period of my custody, 5 yrs, 9 months and for this FIR, 5 yrs, 2 months. When I was in custody in earlier FIRs, I was picked up soon after that. The present FIR is of March 6.3.2020- so for period of 2 months, I am in custody and originally, I am not named and while the riots supposed to have happened, I am in police custody.

I want to stress- i am not accused in any of the single riots case and I am accused of only having given inflammatory speeches in Delhi, Aligarh and I am on bail including in the another one.

J Kumar: except FIR 56/you are in bail?

Sibal: last judgment, Karnataka blast- J Sundresh's this month- 7 October- bail granted on delay:

2020 Bengaluru Riots : Supreme Court Grants Bail To 2 UAPA Accused Noting Custody Of Over 5 Years & Delay In Trial

Sibal: in each UAPA case, i have given the sentence undergone and charges

Najeeb: 276 witnesses, 5 yrs, 3 judge bench-bail granted.

Fasal- 972 witnesses- bail granted

Sheikh- 4 yr, 80 witness-bail granted

Sibal says Court has said the seriosness of offence is not concerned when bail is to be considered on delay.

Sibal: In Khajurikhas, I was named and I was discharged. I gave speech on 17.2 in Amratavi and that is the basis they alleged I am responsible for all this! I have not said anything about violence and its a public speech which talks about Gandhian principles.

see definition of terrorist act- bombs? I have not done that. Disruption of supplies? money instability? does not apply to me. "any act" mentioned last is what they say applies to me.

regular bail to 3 accused, 2 ladies and there was a gentleman Asif Iqbal and this Court upheld. It was challenged and it was held that this should not be treated as precedent. But on parity, it can be decided.

These three were present and they were given bail and I was not even there. Same witnesses-100 public and 47 protected.

It says I delivered inflammatory speech- I only delivered a speech on 17th and it was not inflammatory.

13 Sep, 2020- 5 months, 18 days-900 witnesses, 3000 chargesheet and 30,000 otherwise and charges are not framed yet.

Sibal, for Khalid: he dealt with hearings in HC, I want to show what happened in trial law- i want to show procedure is at the hard of liberty

55 dates of hearing, main and miscellanous, judicial officer on leave, on 11 dates it could not be taken up for shortage of staff, stenographer, logistical exigency, 26 could not be taken up for heavy workload.

59 days of hearing because unavailable of DSP on various grounds- personal urgency, internet issues, etc. 4 dates of hearing for lawyers strike.

matter began on 10.9- matter adjourned 6 times. In counter, they say I am delaying the trial. Just wanted to clarify.

Charge against me is conspiracy.

J Kumar: you are appearing for?

Sibal: umar khalid; there are 751 FIRs, I am charged in one and if its a conspiracy, its bit suprising no? if I conspired riots. On dates in which riots took place, I was not in Delhi and no recovery of funds, weapons and no physical evidence connecting of violence. No witness statement actually connecting petitioner to any act of violence.

Singhvi: I am the only female in this batch- with these facts I have been held in 437 CrPC, I have bail in two FIRs in Jafarabad.

In none of the cases, 5 and half years and assume there is a serious act, in what way you can balance interest of justice and prosecution? why should justice not be balanced? I am 32, I am a student. I am not a hardened criminal going around murdering people!

Singhvi reading Najeeb judgment:

Singhvi: in other FIRs, I got bail. I am not a member of Pinjra jod, and if I am, other two have got bail and they were the leaders allegedly. Now, no iota of evidence of chill power, acid,

delay on my part- very outlandish. I am 3rd accused to conclude on charge and how can I be accused of delaying when I concluded on March 2025? I requested for chargesheet, it did not delay the trial. Natasha and Devangana are out since June 2021.

I would say- see these two judgments- Najeeb and Javed.