Mohd. Salim Khan, an accused in the 2020 North-East Delhi riots case under the Unlawful Activities (Prevention) Act (UAPA), has approached the Delhi High Court seeking interim bail for two weeks. The relief has been sought to arrange funds for his daughter's academic fees, who is currently pursuing a B.A. L.L.B.
Court Proceedings
The case was heard by a division bench comprising Justice Chandra Dhari Singh and Justice Anup Jairam Bhambhani. At the outset, Justice Singh stated that the interim bail application should ideally be heard by the bench handling Khan’s main bail plea.
Khan's counsel informed the court that his bail plea has been pending for the last three years and is currently under adjudication by a special bench led by Justice Navin Chawla. However, the special bench does not convene regularly and assembles only on specific dates.
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Justice Bhambhani acknowledged the concern and remarked:
"Normally, interim bail also goes where the main bail is. We see your point that there is difficulty due to the special bench, but that bench will see."
The court then directed that the interim bail plea be listed before the special bench the next day, subject to the Chief Justice’s approval.
"It is prayed that the interim bail be also listed [before the special bench]. At request, list before the same bench [comprising Justice Navin Chawla and Justice Shalinder Kaur] with permission of the Chief Justice…For tomorrow," the Court stated.
Background of the Case
Khan had previously approached the trial court, arguing that financial constraints had prevented him from paying the 3rd and 4th semester fees of his daughter. Before his arrest, Khan managed a business with a closing stock worth over Rs. 16 lakh, which he claimed could be liquidated to cover the fees.
The trial court, however, denied interim bail, noting that Khan had already been granted interim bail four times for different reasons. The court observed:
"The applicant was supposed to do the needful earlier when he was released on interim bail for a reasonable time. The applicant certainly cannot misuse the process of law and seek interim bail only on reasonable reasons. This time, the court doesn’t deem it appropriate to allow the prayer of the applicant, and the same is dismissed."
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Special Bench and FIR Details
The special bench is currently hearing the bail petitions of multiple accused in the case, including Umar Khalid, Sharjeel Imam, Mohd. Saleem Khan, Shifa ur Rehman, Shadab Ahmed, Athar Khan, Khalid Saifi, and Gulfisha Fatima.
The case, registered as FIR 59 of 2020 by Delhi Police’s Special Cell, includes charges under various sections of the Indian Penal Code, 1860, along with provisions of the UAPA, 1967.
Among the accused in the case are Tahir Hussain, Umar Khalid, Khalid Saifi, Ishrat Jahan, Meeran Haider, Gulfisha Fatima, Shifa-Ur-Rehman, Asif Iqbal Tanha, Shadab Ahmed, Tasleem Ahmed, Saleem Malik, Mohd. Saleem Khan, Athar Khan, Safoora Zargar, Sharjeel Imam, Faizan Khan, and Natasha Narwal.
The court’s final decision on Khan’s interim bail plea will be determined in the upcoming hearing.
Title: Mohd. Salim Khan v. State
