New Delhi, May 21 (IANS). The Delhi High Court on Thursday granted bail to Salim Malik alias Munna in a major conspiracy case related to the 2020 Delhi riots. The court said that his role was similar to that of some co-accused, to whom the Supreme Court has already granted bail.
The Division Bench of Justices Pratibha M. Singh and Madhu Jain found that the charges against Malik put him in the category of a local-level facilitator and not a key conspirator who played a role in planning the alleged larger conspiracy.
The Delhi High Court found that there was no major difference between the role of Malik and the roles of Mohammad Salim Khan and Shadab Ahmed. Mohammed Salim Khan and Shadab Ahmed were granted bail by the Supreme Court earlier this year in the case ‘Gulfisha Fatima vs. State (Delhi Government)’.
The order said that after considering the role of the appellant, this court is of the opinion that his role is similar to that of Mohammad Salim Khan and Shadab Ahmed, who participated in the meetings, protests and chakka jam.
The bench headed by Justice Singh further noted that Malik has been in custody for more than five years and ten months, and the charges are still pending in the trial court.
Delhi High Court granted bail with strict conditions and said that the trial will take some time.
According to the prosecution, Malik took part in the meetings held in mid-February 2020, and is accused of planning protests, giving inflammatory speeches and indulging in riotous activities. These activities include throwing stones and inciting people to clash with the police.
Additional Solicitor General S.V., appearing for Delhi Police, opposed the bail plea. Raju argued that Malik had actively participated in the conspiracy, and the stay on bail under Section 43D(5) of the Unlawful Activities (Prevention) Act (UAPA) still applied.
However, the Delhi High Court relied on the Supreme Court’s decision in the ‘Gulfisha Fatima’ case. In this decision, the Supreme Court had clarified the difference between the main ideological architects of the alleged conspiracy and the local-level helpers.
Reiterating portions of the Supreme Court judgment, a bench headed by Justice Singh said that instead of being the architects of the conspiracy, Mohammed Salim Khan and Shadab Ahmed were accused of being its ground level implementers and operational coordinators. It said the allegations against Malik also reflect an operational and executional role, and do not place him in the category of accused accused of masterminding or directing a major conspiracy.
While granting bail to Malik, the Delhi High Court imposed several conditions, which included furnishing a personal bond of Rs 2 lakh and bringing two sureties, not going out of Delhi without prior permission, surrendering his passport, and appearing before the Crime Branch SHO twice a week. The order also bars him from contacting witnesses, participating in rallies or public gatherings, publishing anything related to the case, or associating with any group related to the FIR, until the trial is over.
–IANS
DKM/DKP
