Delhi High Court denies bail to Salim Malik in Delhi riots case

The Delhi High Court recently denied bail to Salim Malik, an accused in the February 2020 Delhi riots conspiracy case.

A division bench of judges Suresh Kumar Kait And Manoj Jain placed the order on April 22.

The Court noted that Malik attended the meetings where the aspects of riotous violence and burning of Delhi were openly discussed.

The same is not acceptable in a democratic nation, the Court underlined.

It said the meeting also discussed “finances, arranging of weapons, procurement of petrol bombs for killing people and burning of properties and destruction of CCTV installed in the area”.

“In the present case, there is sufficient material available that clearly indicates that the suspect was a co-conspirator and committed the offense for which he has been charged.” said the Court.

It added,

“Therefore, in view of the bar provided under Section 45 D(5) of UAPA, we do not find any merit in the present appeal and the same is accordingly dismissed while clarifying that any observation made above shall not be construed as opinion on the merits of the case and the learned Trial Court, in deciding the charge, will in any case not be influenced by any observation made hereinabove.” the Supreme Court added.

Malik was arrested by Delhi Police on June 25, 2020. He was booked under various sections of the Indian Penal Code (IPC) and under provisions of the Unlawful Activity Prevention Act (UAPA).

It was the case of the Delhi Police that Malik was part of a premeditated conspiracy of the disruptive chakka jam and a pre-planned protest at various locations in Delhi to escalate and trigger violence and riots in the capital.

The court had rejected Malik’s bail plea in October 2022.

While refusing bail, the court had noted that he attended “conspiratorial meetings”.

Additional Sessions Judge (ASJ) Amitabh Rawat had noted that Malik was the organizer of the Chand Bagh protest site where an inflammatory speech was allegedly delivered.

“At the time of the riots, suspect Saleem Malik was present in northeast Delhi. Accused Saleem Malik was associated with accused persons…The role of these accused persons and others must also be taken into consideration while understanding the role of the present applicant/accused,” the Court had said.

The Supreme Court considered the case and noted that the Constitution entitles citizens to freedom of speech and expression, which includes the freedom to hold public demonstrations.

But, the Court added, when public demonstrations become violent and damage public and private property and harm people’s lives, this goes beyond the fundamental rights guaranteed by Article 19(1) and becomes a criminal offense which is punishable by law.

“So while the citizens of this country have the right to protest, it must be done in a peaceful manner and without resorting to violence.”

The court therefore rejected the bail application.

Senior advocate Salman Khurshid along with lawyers Bilal A Khan, Anshu Kapoor and Sidra Khan represented the accused Salim Malik.

The Delhi Police was represented by Special Public Prosecutor Amit Prasad along with lawyers Ayodhya Prasad, Anuradha Mishra and Ninaz Baldawala.