The Delhi High Court has reserved its judgment on the bail plea filed by Tasleem Ahmed, an accused in the Unlawful Activities (Prevention) Act (UAPA) case related to the alleged larger conspiracy behind the 2020 North-East Delhi riots. A division bench of Justices Subramonium Prasad and Harish Vaidyanathan Shankar heard arguments from both sides before reserving the order.
Advocate Mehmood Pracha, representing Ahmed, argued that his client has been in jail for five years without any delay caused by him. Pracha stated that Ahmed concluded his arguments on charges in just 10-15 minutes before the trial court and never sought adjournments. Despite this, the trial has been delayed, keeping him incarcerated.
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Special Public Prosecutor (SPP) Amit Prasad, appearing for Delhi Police, opposed the bail plea, arguing that delay alone cannot be a ground for bail under Section 43D(4) of UAPA. He cited Supreme Court rulings in State of Andhra Pradesh v. Mohd. Hussain and Vernon v. State of Maharashtra to support his argument.
“If today, my lords are inclined to grant bail to him, it becomes very easy for others to say that I didn't do anything and make sure that there is delay and get bail.” — SPP Amit Prasad
Prasad also argued that interim bail cannot be granted by the High Court during an appeal against a trial court’s bail rejection unless there are urgent reasons. He emphasized that Ahmed cannot distance himself from the larger conspiracy.
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Justice Prasad remarked on the complexities of conspiracy cases, stating:
“A person may be a part of the conspiracy. There are different forces pulling a person on different lines… One of the accused who did nothing is the poor guy waiting for things to happen… what to do about that man?”
Pracha countered that even if the court orders a day-to-day trial, the heavy workload of trial courts makes it impractical. He highlighted that Ahmed’s right to a speedy trial has been violated, and even his bail plea faced delays.
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“Forget speedy trial, my bail application is not being heard… I am compelled to give up my rights even when arguing my bail due to the burden.” — Advocate Mehmood Pracha
The case (FIR 59/2020) was registered by Delhi Police’s Special Cell under various IPC and UAPA sections. A separate bench is hearing bail pleas from other accused, including Umar Khalid, Sharjeel Imam, and Safoora Zargar.
The court’s decision on Ahmed’s bail will set a significant precedent, especially concerning delays in UAPA trials. The final order is awaited.
Title: Tasleem Ahmed v. State