[BREAKING] Delhi Riots: Delhi Court refuses bail to Jamia student Meeran Haider in UAPA case

A Delhi Court on Tuesday dismissed the bail plea of Rashtriya Janata Dal (RJD) youth wing leader and Jamia Millia Islamia student Meeran Haider in an Unlawful Activities (Prevention) Act (UAPA) case related to the Delhi Riots of 2020 [State v. Meeran Haider]..Additional Sessions Judge Amitabh Rawat in the order held, "On the perusal of the chargesheet and accompanying documents, for the limited purpose of the bail, I am of the opinion that allegations against the accused Meeran Haider are prima facie true.".The defence relied on Union of India v. K A Najeeb to argue that an accused can be granted bail despite there being an embargo under Section 43D of the UAPA Act.Judge Rawat, however, was of the view that his Court being a Special Court, was a statutory court and the judgment referred to the ability of the Constitutional Court to grant bail on the grounds of Part III of the Constitution despite the embargo of UAPA. "Thus, the ground of trial taking a long time by itself is not a ground for bail. The court is guided by the provisions of Section 437 CrPC (Code of Criminal Procedure) and Section 43D of the UAPA," he held..Section 437 of CrPC places an additional condition before releasing a person on bail if there are reasonable grounds for believing that accused has been guilty of offence punishable with death or imprisonment for life. Similarly, Section 43D of the UAPA stipulates that an 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 to believe that the accusation is prima facie true..The order underscored the defence's contention that accused Haider worked on socio-political issues besides having a PhD, contending it was not relevant at the time of deciding the bail application.Besides Haider, the Delhi Police Special Cell has chargesheeted Umar Khalid, Sharjeel Imam, United Against Hate activist Khalid Saifi, former Congress councillor Ishrat Jahan, former AAP councillor Tahir Hussain, Pinjra Tod activists Gulfisha Fatima, Safoora Zargar, Natasha Narwal and Devangana Kalita.They were accused of hatching a “common conspiracy” by calling for a march, leading a mob and instigating communal feelings.While Jahan was granted bail in the case, the Court had dismissed the bail application of Khalid and Fatima recently..The Delhi Police claimed that a large number of students, ex-students and other members of a particular community participated in the anti-CAA rally. “Attack on the police personnel, damage to police and public/private property, stone-pelting and arson took place on the barricade/police party stationed outside Jamia campus," it said..The Court had, on November 24, 2020, taken cognisance of the chargesheet filed against Haider and others under the UAPA, stating that there was sufficient material to proceed against them.Haider was arrested on April 1, 2020 and has remained behind bars since then. .Haider was represented by Advocates Shri Singh and Faraz MaqboolSpecial Public Prosecutor Amit Prasad argued for the State.