The Delhi High Court recently denied bail to Salim Malik, an accused in the Delhi riots conspiracy case of February 2020..A Division Bench of Justices Suresh Kumar Kait and Manoj Jain passed the order on April 22.The Court noted that Malik attended the meetings where the aspects of riot-like violence and burning of Delhi were openly discussed. The same is not acceptable in a democratic nation, the Court underscored. It said that in the meeting, there were also talks of "finances, arranging arms, procuring of petrol bombs for killing of people and arsoning of property and destruction of CCTV installed in the area"."In the present case, there is enough material on record which clearly indicates that the appellant herein was a co-conspirator and has committed the offence for which he has been charge-sheeted," the Court said.It added, "Therefore, in view of bar provided under Section 45 D (5) of UAPA, we do not find any merit in the present appeal and the same is accordingly dismissed, while making it clear that any observation made hereinabove shall not be construed as an expression on the merits of the case and the learned Trial Court, while deciding the charges, shall not be influenced, either way, by any observation made herein above," the High Court added..Malik was arrested by the Delhi Police on June 25, 2020. He was booked under several sections of the Indian Penal Code (IPC) as well as provisions of the Unlawful Activities Prevention Act (UAPA).It was the case of the Delhi Police that Malik was part of a premeditated conspiracy of the disruptive chakka jam and a preplanned protest at different sites in Delhi to escalate and cause violence and riots in the capital..The trial court had rejected Malik’s bail plea in October 2022.While denying bail, the trial court had observed that he attended “conspiratorial meetings”.Additional Sessions Judge (ASJ) Amitabh Rawat had observed that Malik was the organiser of the Chand Bagh protest site where an inflammatory speech was allegedly delivered.“At the time of riots, accused Saleem Malik was present in northeast Delhi. Accused Saleem Malik was connected with accused persons…The role of these accused persons and others also has to be considered while understanding the role of present applicant/accused,” the Court had said..The High Court considered the case and observed that the Constitution gives right to freedom of speech and expression to citizens which also includes freedom to carry out public demonstration. But, the Court added, when public demonstration becomes violent and damages the public and private properties and harm lives of people, it goes beyond fundamental rights guaranteed under Article 19(1) and becomes an offence punishable under law. "Thus, though the citizen of this country has a right to protest but it has to be in a peaceful manner and without resorting to violence.".The Bench, therefore, rejected the bail plea. .Senior Advocate Salman Khurshid along with advocates Bilal A Khan, Anshu Kapoor and Sidra Khan represented accused Salim Malik. Delhi Police was represented by Special Public Prosecutor Amit Prasad along with advocates Ayodhya Prasad, Anuradha Mishra and Ninaz Baldawala..[Read Judgment]
The Delhi High Court recently denied bail to Salim Malik, an accused in the Delhi riots conspiracy case of February 2020..A Division Bench of Justices Suresh Kumar Kait and Manoj Jain passed the order on April 22.The Court noted that Malik attended the meetings where the aspects of riot-like violence and burning of Delhi were openly discussed. The same is not acceptable in a democratic nation, the Court underscored. It said that in the meeting, there were also talks of "finances, arranging arms, procuring of petrol bombs for killing of people and arsoning of property and destruction of CCTV installed in the area"."In the present case, there is enough material on record which clearly indicates that the appellant herein was a co-conspirator and has committed the offence for which he has been charge-sheeted," the Court said.It added, "Therefore, in view of bar provided under Section 45 D (5) of UAPA, we do not find any merit in the present appeal and the same is accordingly dismissed, while making it clear that any observation made hereinabove shall not be construed as an expression on the merits of the case and the learned Trial Court, while deciding the charges, shall not be influenced, either way, by any observation made herein above," the High Court added..Malik was arrested by the Delhi Police on June 25, 2020. He was booked under several sections of the Indian Penal Code (IPC) as well as provisions of the Unlawful Activities Prevention Act (UAPA).It was the case of the Delhi Police that Malik was part of a premeditated conspiracy of the disruptive chakka jam and a preplanned protest at different sites in Delhi to escalate and cause violence and riots in the capital..The trial court had rejected Malik’s bail plea in October 2022.While denying bail, the trial court had observed that he attended “conspiratorial meetings”.Additional Sessions Judge (ASJ) Amitabh Rawat had observed that Malik was the organiser of the Chand Bagh protest site where an inflammatory speech was allegedly delivered.“At the time of riots, accused Saleem Malik was present in northeast Delhi. Accused Saleem Malik was connected with accused persons…The role of these accused persons and others also has to be considered while understanding the role of present applicant/accused,” the Court had said..The High Court considered the case and observed that the Constitution gives right to freedom of speech and expression to citizens which also includes freedom to carry out public demonstration. But, the Court added, when public demonstration becomes violent and damages the public and private properties and harm lives of people, it goes beyond fundamental rights guaranteed under Article 19(1) and becomes an offence punishable under law. "Thus, though the citizen of this country has a right to protest but it has to be in a peaceful manner and without resorting to violence.".The Bench, therefore, rejected the bail plea. .Senior Advocate Salman Khurshid along with advocates Bilal A Khan, Anshu Kapoor and Sidra Khan represented accused Salim Malik. Delhi Police was represented by Special Public Prosecutor Amit Prasad along with advocates Ayodhya Prasad, Anuradha Mishra and Ninaz Baldawala..[Read Judgment]
