Umar Khalid seeks review of SC verdict denying him bail, prays for open-court hearing
New Delhi, Apr 13 (PTI): Student activist Umar Khalid has moved the Supreme Court seeking a review of a verdict that denied him bail while observing that there were reasonable grounds to believe the allegations levelled against him in connection with the conspiracy behind the 2020 Delhi riots.
A bench of Justices Aravind Kumar and N V Anjaria was requested by senior advocate Kapil Sibal, who appeared in the court for Khalid, to list the review petition in open court.
Sibal said the matter is coming up for consideration before the judges in chambers on April 16 and they have filed an application for an open-court hearing.
Justice Kumar said, "We will look into the papers. If required, we will call it."
ALSO READ: SC refuses to entertain plea against deletion of names from WB voter list, terms it ‘premature’
According to the Supreme Court's rules, review petitions are considered by judges who delivered a judgment or passed an order in chambers to remedy an apparent error or a resultant grave injustice that has been the consequence of a decision of the apex court. Parties seeking a review can request judges for an open-court hearing to rectify the grave injustice caused due to the decision under review.
On January 5, Besides Khalid, the top court had refused bail to Sharjeel Imam but granted it to five others, saying all the accused do not stand on the same footing.
Khalid and Imam, who have been incarcerated since 2020, can file fresh bail pleas after the examination of protected witnesses or after a year from the day the order was passed, the court had said, as it rejected their contention of a delay in the trial.
There was a prima-facie case against Khalid and Imam under the Unlawful Activities (Prevention) Act (UAPA), the top court had said, noting that prosecution material suggests that they were involved in the "planning, mobilisation and strategic direction" of the riots.
While the two will remain in jail, activists Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohammad Saleem Khan and Shadab Ahmad were given bail by the court, which had imposed 11 conditions and said any misuse of liberty would lead to cancellation of bail.
ALSO READ: Nashik court sends ‘godman’ Kharat to seven-day judicial custody in third rape case
The court had noted that the guarantee of liberty enshrined under Article 21 of the Constitution is of foundational importance, but at the same time, the security of a community, the integrity of a trial process and the preservation of public order are equally legitimate constitutional concerns.
Khalid and Imam stand on qualitatively-different footing as compared to the other accused, the court had said.
The prosecution had prima facie disclosed "a central and formative role" and "involvement in the level of planning, mobilisation and strategic direction extending beyond episodic and localised acts", the bench had said.
The February 2020 riots in northeast Delhi broke out during protests against the Citizenship (Amendment) Act (CAA) and the National Register of Citizens (NRC), leaving 53 people dead and more than 700 injured.
The Delhi Police had arrested a total of 18 people in the conspiracy case. Of them, 11 have got bail so far.
The apex court's January order had said a delay in the trial does not operate as a "trump card" that automatically displaces statutory safeguards.
"All the appellants do not stand on equal footing as regards culpability. The hierarchy of participation emerging from the prosecution's case requires the court to examine each application individually," it had said, adding that the roles attributed to them were different.
ALSO READ: Commuters bear brunt as labour union protest halts traffic at Delhi-Noida border
"This court is satisfied that the prosecution material disclosed a prima-facie allegation against the appellants, Umar Khalid and Sharjeel Imam.... This stage of proceedings does not justify their enlargement on bail," the apex court had said.
It had cited section 43D(5) of the UAPA, which requires the court to deny bail if, on a perusal of a case diary or a chargesheet, it finds that there are reasonable grounds for believing that the accusation against such a person is prima-facie true.
Imam was arrested on January 28, 2020, for speeches made during anti-CAA protests. He was later arrested in the larger conspiracy case in August 2020.
Khalid was arrested on September 13, 2020, on charges of delivering provocative speeches on February 24 and 25 when Donald Trump, in his first term as the president of the United States, had visited India.
Strongly opposing the bail pleas, the Delhi Police had then contended that the riots were not spontaneous but an orchestrated, pre-planned and well-designed attack on India's sovereignty.
All seven accused were booked under the stringent anti-terror UAPA and provisions of the Indian Penal Code for allegedly being the "masterminds" of the riots.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
'Shocking affairs': SC slams MP govt over illegal sand miners digging up Chambal bridge pillars
_vb_25.jpeg)
New Delhi (PTI): The Supreme Court on Monday termed the killing of a forest guard in Madhya Pradesh and the digging of the foundation of pillars of Chambal bridge connecting the state to Rajasthan by illegal sand miners as "shocking affairs" and "failure" of the state government.
A bench of Justices Vikram Nath and Sandeep Mehta, which pulled up the Madhya Pradesh government, said either the state government has failed to curb the illegal mining on the Chambal river or it is being done in connivance with state authorities.
"They are digging up the bridge and if the bridge falls, who will be responsible? The photographs are self-explanatory.
"Forest officials are run over by sand mafias and the foundation of a bridge is dug. This is an absolutely shocking state of affairs. Either the state government has failed to control the illegal sand mining or it is in connivance," the bench observed.
"It is happening under your nose. The amicus pointed out that you do not have weapons. Why, at all, does the state government exist?
"These excavators and bulldozers are very secular, they do not see the caste of the person they are killing... it is an absolutely sad state of affairs, the state governments have totally failed or rather they are in connivance. It's absolutely shocking that the foundations of a bridge can be dug up and the state has its eyes closed," the bench told Additional Solicitor General S V Raju appearing for the Madhya Pradesh government.
The top court was hearing a suo motu case titled 'In Re: Illegal sand mining in the National Chambal Sanctuary and threat to endangered aquatic wildlife'.
Senior advocate Nikhil Goel, who is assisting the court as an amicus curiae in the matter, pointed out that it is an important bridge having 32 pillars and it connects Madhya Pradesh and Rajasthan but sand mafias are digging the foundation of these pillars.
He said that Odisha, Assam and Maharashtra have come out with a notification empowering forest officials to open fire at sand mafias and similarly Madhya Pradesh, Rajasthan and Uttar Pradesh have written to the Central Empowered Committee (CEC) seeking nod for powers to open fire at these illegal sand miners.
Observing that earlier an IPS officer was also killed by illegal sand mafias, Justice Mehta asked the state authorities to explore the possibility of installing high-resolution CCTV cameras to monitor illegal mining.
The bench further suggested that a GPS system can be installed in heavy earth-moving machines in the area to keep a track of their movement.
The bench asked for a status report of the investigation done so far on the killing of a forest guard who was run over by a tractor-trolley allegedly run by sand miners and feasibility report of CCTV cameras.
On April 9, the top court agreed to hear a week later an application seeking an independent investigation into the killing of a forest guard in Madhya Pradesh after being run over by a tractor-trolley allegedly run by sand miners.
The National Chambal Sanctuary, also called the National Chambal Gharial Wildlife Sanctuary, is a 5,400-sq km tri-state protected area. Besides the endangered gharial (long-snouted crocodile), it is home to the red-crowned roof turtle and the endangered Ganges river Dolphin.
Located on the Chambal river near the tripoint of Rajasthan, Madhya Pradesh and Uttar Pradesh, the sanctuary was first declared a protected area in Madhya Pradesh in 1978 and now constitutes a long and narrow eco-reserve co-administered by the three states.
A 35-year-old forest guard was killed after a tractor-trolley allegedly run by illegal sand miners ran over him in Madhya Pradesh's Morena district on Wednesday morning, police had said.
The incident took place on National Highway-552 near Ranpur village, about 20 km from the district headquarters, when forest personnel tried to stop a sand-laden tractor-trolley, the police had said.
It had said that forest guard Harkesh Gurjar, a part of the patrol team, attempted to stop the vehicle but its driver ran him over, killing him on the spot.
While hearing the suo motu matter on April 2, the apex court slammed the Rajasthan government for "facilitating" illegal sand mining, and stayed its notification de-notifying 732 hectares of the National Chambal Sanctuary, saying it will not allow de-notification of any reserve land for protected species.
Terming "mining mafia" as "dacoits", the apex court had said a number of government officials, including sub-divisional magistrates and policemen, were killed in Rajasthan by the mining mafia.
While hearing the matter on March 20, the apex court had taken serious note of the destruction of habitats of aquatic animals due to rampant illegal sand mining in the National Chambal Sanctuary.
On March 13, the top court took suo motu cognisance based on certain news reports pertaining to rampant illegal mining from the sand banks of the Chambal river.
_vb_26.jpeg)
_vb_65.jpeg)