Delhi Police Opposes Umar Khalid Bail Plea, Calls Riots 'Regime Change Op'

Calling the 2020 Delhi riots a "planned operation for regime change" allegedly orchestrated by Umar Khalid and others, the Delhi Police on Thursday vehemently opposed their bail petitions in the Supreme Court.

In its 389-page affidavit filed before the top court, the Delhi Police described the delay in trial as a "well-planned conspiracy" by the accused.

"In offences that strike at the very root of the integrity of India [UAPA offences], 'jail and not bail' is the rule," the affidavit stated.

"The allegations against the petitioner are prima facie true. The onus of refuting the said presumption rests with the petitioners, which they have miserably failed to discharge," it added.

According to the Delhi Police, bail in the present case -- particularly in view of the extreme gravity of the offences -- cannot be granted merely on the ground of delay, for which the petitioners themselves are responsible.

On Monday, the Supreme Court pulled up the Delhi Police for not filing its reply earlier and questioned the necessity of an affidavit in a bail matter, while posting the case for hearing on Friday.

The bench of Justices Aravind Kumar and NV Anjaria, which is scheduled to hear the case tomorrow, had specifically asked the Delhi Police to respond on whether bail can be granted on the grounds of prolonged incarceration to those who have spent five years in jail.

A day before the hearing, the Delhi Police filed its written reply, arguing that Khalid and others do not deserve bail and attributing the delay in trial primarily to the accused themselves.

The police said there exists "ocular, irrefutable documentary, and technical evidence against the petitioners showing their intrinsic, deep-rooted, and fervent complicity in engineering nation-wide riots on communal lines."

It further alleged that "the conspiracy hatched, nurtured, and executed by the petitioner was aimed at striking the very heart of the sovereignty and integrity of the country by destroying communal harmony and instigating the crowd not only to disrupt public order but to the extent of armed rebellion."

According to the affidavit, "international theories developed in recent years have termed these kinds of organised or sponsored protests as 'Regime Change Operations'."

"The materials on record, including chats referencing US President Donald Trump, establish beyond doubt that the instant conspiracy was pre-planned to coincide with the US President's official visit to India," the affidavit said.

This, the Delhi Police argued, was done to draw the attention of the "international media" and portray the issue of the Citizenship (Amendment) Act (CAA) as a global human rights concern, framing it as an alleged "pogrom against the Muslim community in India."

"The issue of the CAA was carefully chosen to serve as a 'radicalising catalyst', camouflaged in the name of a 'peaceful protest'," the police added.

The affidavit further stated that "the deep-rooted, premeditated, and pre-planned conspiracy hatched by the petitioners resulted in loss of life and large-scale destruction of public property, leading to the registration of 753 FIRs in Delhi alone."

The police also informed the court that evidence on record suggests the conspiracy was intended to be replicated and executed across India.

"In Uttar Pradesh, widespread violence broke out across more than twenty districts, including Aligarh, Meerut, Bijnor, Kanpur, Firozabad, Muzaffarnagar, Rampur, Varanasi, and Lucknow. During these anti-CAA protests, between 19 and 23 people lost their lives. The police registered approximately 327-372 FIRs. In addition, over 1,100 individuals were arrested for riot-related offences, and more than 5,500 persons were placed under preventive detention in connection with the disturbances," the affidavit stated.

"In Assam, violence accompanied protests in Guwahati, Dibrugarh, Kamrup (Metro), and neighbouring districts. At least five persons were reported dead, while 175 individuals were arrested and 1,406 detained statewide," it added.

"In West Bengal, protests escalated into riots in Murshidabad, Howrah, Malda, Nadia, and North 24 Parganas. Incidents included the torching of five trains (notably at Lalgola and Krishnapur) and vandalism at four railway stations (Uluberia, Harishchandrapur, and others). The state reported widespread property damage, with railway losses exceeding ₹70 crore. More than 300 people were arrested, and the Railways filed around 17 FIRs," the affidavit said.

"In Kerala, anti-CAA protests led to stone-pelting and vandalism against KSRTC buses and public property in several districts, including Thiruvananthapuram, Palakkad, Wayanad, Kozhikode, and Aluva (Ernakulam). Police reported damage to at least 18 buses, detained 233 persons statewide, and later filed several cases for unlawful assembly and mischief."

"In Karnataka, multiple FIRs were registered, including one naming seventy-seven persons, and several others for arson, destruction of property, and unlawful assembly. Two persons died in police firing," the document stated.

"In Maharashtra, sporadic violence was reported from Hingoli district, particularly Kalamnuri and Hingoli city. Police detained around 20 persons and booked about 130 individuals in multiple FIRs for rioting and destruction of property."

"In Bihar, violent incidents occurred in Patna (Rajendra Nagar Terminus), Darbhanga, Muzaffarpur, Vaishali, and Aurangabad. Police reported 1,550 preventive arrests, 14 criminal cases registered, and the formation of a Special Investigation Team to probe the incidents," the affidavit concluded.

The Delhi Police maintains that the onus lies on the accused to prove their innocence since the allegations against them are prima facie true.