2020 riots: Delhi HC denies bail to Tasleem Ahmed in 'larger conspiracy' case

New Delhi, Sep 2 (PTI) The Delhi High Court on Tuesday dismissed the bail plea of Tasleem Ahmed, accused in the February 2020 riots-related "larger conspiracy" case, saying "delay in trial" cannot be sole ground for consideration.

A bench of Justices Subramonium Prasad and Harish Vaidyanathan Shankar said that except in case of palpable violation of fundamental rights or breach of constitutional rights, bail cannot be granted on the sole factor of long incarceration or delay in trial.

The bench said that those accused who have secured bail in the case were delaying arguments on charge "at the cost of those accused persons who are in prison".

"The fact that the accused has completed his arguments on charge alone would not entitle him to bail at this juncture on the ground of delay in trial as the arguments on charge were not advanced by the appellant in the first available occasion," the bench said.

It added, "Factors such as long incarceration or delay in trial cannot be taken as sole factors for the grant of bail without considering the gravity of the offence or the role played by the accused in the said case, which can be only determined upon a consideration on the merits of the case." The bench said that the appellant had not even pressed on the merits of the case, which disabled the court from perusing the material in order to make an informed decision on whether to grant the bail.

"In light of the foregoing reasons and especially in view of the peculiar facts of this case, the appellant cannot be granted bail only on the ground of delay in trial keeping in mind as the same would have to include the determination of a 'prima facie' case, which would involve an assessment of the case on merits as well," the bench said.

While deciding the application, the bench also noted that certain accused in the case were granted bail, while others were in prison.

"Those accused persons who got bail are trying to delay the arguments on charge on the ground that the investigation is still pending. The arguments on charge are being delayed by the accused persons who are out on bail at the cost of those accused persons who are in prison," the bench said.

It noted that despite orders from the court directing the counsels for the accused persons to decide amongst themselves as to how and in what order the arguments on charge will be advanced by the accused, there seems to be no consensus among them.

The bench further added that the appellant did not advance arguments despite requests by the special court and has advanced arguments only on April 4, 2025 which was during the pendency of the present instant appeal.

"Undoubtedly, speedy trial is a concomitant and a facet of Article 21 of the Constitution of India. However, to ask for bail after there has been a systematic delay in trial on the part of the accused, is not acceptable and if it is done then the statute, which restricts the grant of bail on the ground of delay in trial, can easily be circumvented by delaying the trial on the one hand and by pressing bail applications on the other," it said.

Activists Umar Khalid and Sharjeel Imam, and seven others were granted bail by a different bench in the case.

The accused were booked under stringent Unlawful Activities (Prevention) Act (UAPA) and provisions of IPC for allegedly being the "masterminds" of the February 2020 riots, which left 53 people dead and over 700 injured.

The violence erupted during the protests against the CAA and NRC. PTI UK KVK KVK