The Delhi High Court on Wednesday reserved its order on the bail application of Tasleem Ahmed, an accused in the alleged larger conspiracy behind the 2020 North-East Delhi riots.
The riots left over 50 people dead and hundreds injured during communal violence that erupted in the national capital.
The Division Bench of Justice Subramonium Prasad and Justice Harish Vaidyanathan Shankar concluded hearings in the matter after listening to detailed submissions from both the prosecution and the defence.
Defence Cites Trial Delay, Denial of Speedy Justice
Representing Ahmed, Advocate Mehmood Pracha argued that the delay in the trial process has unjustly kept his client incarcerated for over five years. He emphasized that Ahmed had fully cooperated with the proceedings and never sought adjournments. In fact, Pracha pointed out, Ahmed completed his arguments on charges in the trial court in under 15 minutes on a single day.
Despite this, Ahmed continues to remain in judicial custody without any significant progress in his trial, Pracha submitted. “Even his bail application hasn’t been decided in a reasonable timeframe,” he told the bench, adding that the pressure on lower courts made it impossible to expect day-to-day hearings. “Judges are not supercomputers,” he remarked.
Prosecution Opposes Bail Citing Serious Charges Under UAPA
On behalf of the Delhi Police, Special Public Prosecutor Amit Prasad strongly opposed the bail plea, arguing that delay alone cannot justify bail in cases involving the Unlawful Activities (Prevention) Act (UAPA). He referred to Section 43D(4) of the Act, which imposes stricter conditions for granting bail in terrorism-related offences.
Prasad also cited Supreme Court judgments, including State of Andhra Pradesh vs Mohd. Hussain and Vernon vs State of Maharashtra, asserting that the nature of allegations and the role of the accused must be considered, even when bail is sought on grounds of delay.
He warned that granting Ahmed bail solely on this basis could set a precedent, potentially allowing other co-accused to secure release using similar arguments. “Ahmed is an integral part of the overall conspiracy,” Prasad said. He also clarified that interim bail cannot be granted by a High Court while hearing an appeal against a trial court’s bail denial unless extraordinary reasons are demonstrated.
Verdict Awaited
After hearing the arguments, the court reserved its judgment. The case is being closely watched due to its implications on bail jurisprudence under UAPA, especially in situations involving prolonged incarceration without trial.
Tasleem Ahmed is among several accused in the Delhi Police’s conspiracy case related to the 2020 communal violence, which has drawn legal and political scrutiny over the years.
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