SC rejects plea of Delhi Police challenging bail granted to man in riots case

PTI, Nov 23, 2020, 2:13 PM IST

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New Delhi: The Supreme Court on Monday dismissed the plea of the Delhi Police challenging the bail granted to a man, who has been accused of selling a SIM card on a fake ID to a Jamia Millia Islamia University student, which was allegedly used for inciting violence during the protests here in February against the Citizenship (Amendment) Act (CAA).

A bench headed by Justice Ashok Bhushan rejected the appeal of the police against the October 23 order of the Delhi High Court granting bail to the accused, observing that the police have not shown that he was party to a conspiracy to organise protests against the CAA.

Alleging that the SIM card obtained on a fake ID was used to coordinate protests against the CAA, the police had invoked the stringent Unlawful Activities (Prevention) Act (UAPA) against the accused.

However, the high court had said in its order that there was no allegation against the accused, Faizan Khan, that he had “engaged in any form of terror-funding or such other ancillary activity”.

Granting the relief, the high court had said the embargo under the UAPA against the grant of bail would not apply in the instant case as the probe agency has not shown that the accused was party to any conspiracy to organise protests against the CAA.

It had said the transaction relating to the SIM card allegedly took place in December last year, whereas the violence erupted in northeast Delhi around February 23-25.

The high court had directed that Khan be released on bail on furnishing a personal bond of Rs 25,000 with a surety of a like amount.

Khan was arrested on July 29 and booked by the police under various sections of the UAPA, the Indian Penal Code, the Arms Act and the Prevention of Damage of Public Property Act.

The police had alleged that Khan provided the SIM to a Jamia student, also an accused in the case, who later gave it to another co-accused.

The police had also claimed that Khan, while providing the SIM card on a fake ID, was aware that it would be used to organise protests against the CAA.

The accused has denied the allegations levelled against him by the police.