In a recent development concerning the 2020 North-East Delhi riots case, Mohd. Salim Khan, an accused under the Unlawful Activities (Prevention) Act (UAPA), has approached the Delhi High Court seeking interim bail for a period of two weeks. The primary purpose of this request is to enable him to arrange funds necessary for his daughter's academic fees, as she is currently pursuing a B.A. L.L.B. degree.
The matter was brought before a division bench comprising Justice Chandra Dhari Singh and Justice Anup Jairam Bhambhani. During the proceedings, Justice Singh highlighted that interim bail applications are typically assigned to the same bench handling the main bail appeal of the accused. Khan's counsel informed the court that the primary bail plea has been pending for the past three years and is currently before a special bench led by Justice Navin Chawla. This special bench convenes only on specific dates, leading to delays in adjudication.
Justice Bhambhani acknowledged the concern but emphasized the standard procedure of directing interim bail applications to the bench overseeing the main bail plea. Consequently, the court ordered that Khan's interim bail application be listed before the special bench, subject to the Chief Justice's approval, with a hearing scheduled for the following day.
Prior to this, the trial court had dismissed Khan's interim bail application on March 25. Khan had argued that financial constraints prevented him from paying his daughter's academic fees for the 3rd and 4th semesters. He mentioned that before his arrest, he managed a business with a closing stock valued at over Rs. 16 lakhs, which he intended to sell to generate the necessary funds.
The trial court, however, noted that Khan had previously been granted interim bail on four separate occasions for various reasons. The court observed that during these earlier periods of release, Khan had the opportunity to address his financial concerns, including the sale of his business stock. The court remarked that the accused should have utilized the previous bail periods to make the necessary arrangements and that the judicial process should not be misused by repeatedly seeking interim bail on similar grounds. As a result, the trial court found no merit in granting the current request and dismissed the application.
This case underscores the challenges faced by individuals accused in the Delhi riots cases, especially concerning prolonged judicial processes and the balancing act between legal procedures and humanitarian considerations. The judiciary aims to ensure that the law is not misused while also taking into account genuine personal and familial hardships faced by the accused.
The Delhi High Court has previously demonstrated a nuanced approach in similar situations. For instance, in December 2022, the High Court granted interim bail to an accused to attend the marriage ceremonies of his son and daughter. Justice Jasmeet Singh allowed the bail from December 25, 2022, to January 10, 2023, with specific conditions, including the requirement for the accused to surrender post the ceremonies and to remain within the Delhi-NCR region during the bail period. Such decisions highlight the court's recognition of the importance of familial obligations, even as legal proceedings continue.
Similarly, in November 2023, a Delhi court granted interim bail to another accused in the 2020 riots case to assist his daughter in establishing a medical clinic. The court emphasized a humanitarian approach, acknowledging the necessity of the accused's presence for financial and logistical support in setting up the clinic. The court also imposed conditions to ensure that the interim bail was not misused, such as daily video calls with the investigating officer and restrictions on media interactions.
These instances reflect the judiciary's attempt to balance the enforcement of the law with the personal and familial needs of the accused. While the courts remain vigilant against the potential misuse of interim bail provisions, they also recognize the importance of allowing individuals to fulfill critical family responsibilities, provided such allowances do not impede the course of justice.
As Mohd. Salim Khan's plea awaits adjudication, it brings to the forefront the ongoing discourse on the rights of the accused, the pace of judicial proceedings, and the compassionate considerations that courts may extend in exceptional circumstances. The outcome of his application will further contribute to the evolving narrative of how the Indian judiciary navigates the complex interplay between legal rigor and human empathy in cases arising from the 2020 Delhi riots.
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