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Activist Sharjeel Imam, arrested in the case of riots that took place in North East Delhi area in the capital Delhi in February 2020, said during the hearing of his bail application in the Supreme Court on Tuesday that he is not a terrorist. Sharjeel expressed his deep displeasure at being declared a dangerous intellectual terrorist without any full trial or conviction. Whereas Umar Khalid said that he was not in Delhi during the riots.

Senior advocate Siddharth Dave, appearing for Imam in the court, said, “I would like to say that I am not a terrorist, as the police (defendant) have said about me. I am not an anti-national, as has been said by the state. I am a citizen of this country by birth. I have not been convicted of any crime so far.”

‘Pained by being called a terrorist’

Arguing before the bench of Justice Arvind Kumar and Justice NV Anjaria, Dave said that Imam was arrested on January 28, 2020, just a few days before the Delhi riots. In such a situation, no allegation of any kind of criminal conspiracy regarding the riots can be made on the basis of speeches. FIR was registered against him in March 2020.

On behalf of Imam, Dave said that this speech will not be a case of criminal conspiracy. Besides, the police will also have to prove that he had done something else for the conspiracy. He further said, “I am being labeled a dangerous intellectual terrorist. The Additional Solicitor General (ASG) said that intellectual terrorists are more dangerous. However, not a single allegation against me has been proved. This word has been used against a citizen. This label has caused me a lot of pain.”

Khalid was not in Delhi during the riots

Similarly, senior advocate Kapil Sibal, who appeared on behalf of Umar Khalid in the court, argued that when the riots took place in Delhi, Khalid was not in Delhi and he cannot be kept in prison like this. It is like someone saying I will punish you for your protest.

On behalf of Khalid, Sibal said, “You cannot link someone else’s speech to his name and say that I am responsible for the riots. I ask myself this question, I am a research student. What can I do to overthrow the government?”

‘There is nothing objectionable in Amravati speech’

Referring to the speech given by Khalid before the court in Amravati on February 17, 2020, Sibal said that he had said to respond to violence with peace and to respond to hatred with love. Kapil Sibal also asked, “How is this a violation of UAPA?” He says, “There was nothing communal in the speech given in Amravati. No one can call his speech inflammatory in any sense.

During the hearing, Sibal said on behalf of Khalid, “There is no use in putting me in jail and why? If you have any case against me, then prosecute me or convict me and send me to jail. You cannot keep me in jail in such a way that I will punish you for your protests.”

cannot be detained indefinitely

On behalf of Gulfisha Fatima, another accused of Delhi violence, it was said that she cannot be kept in custody indefinitely. Senior advocate Abhishek Singhvi, appearing on behalf of Fatima, said that the activist has spent about 6 years in jail. The delay in the case is also surprising and unprecedented.

Earlier, strongly opposing several petitions including those of Imam, Khalid and Fatima, Delhi Police had said that this was not a spontaneous incident but a planned and premeditated attack on the unity and sovereignty of the country. However, Singhvi argued that charges have not yet been framed against Fatima. Whereas 939 witnesses have been presented.

53 people were killed in Delhi riots

While requesting that Fatima be granted bail like riot co-accused Devangana Kalita, Natasha Narwal and Asif Iqbal Tanha, Singhvi said that Fatima is the only woman who is still in jail. Whereas Narwal, Kalita and Iqbal were granted bail by the High Court in June 2021 itself.

Sharjeel Imam, Omar Khalid, Gulfisha Fatima, Meeran Haider and Rehman have been booked under provisions of the anti-terrorism law UAPA and the then Indian Penal Code (IPC) for being the alleged masterminds of the Delhi riots. 53 people were killed and more than 700 were injured in these riots.