Delhi Police Claims 2020 Riots Were Planned 'Regime Change Operation' in Supreme Court Bail Hearing

The Supreme Court reprimanded the Delhi Police on Monday for their delayed response in filing their reply.

New Delhi:

Delhi Police has strongly contested the bail applications of Umar Khalid and others in the Supreme Court, describing the 2020 Delhi riots as a "planned operation for regime change" allegedly orchestrated by them.

In their comprehensive 389-page affidavit submitted to the Supreme Court, the Delhi Police characterized the trial delays as a "well-planned conspiracy" by the accused themselves.

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

The police further 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."

According to Delhi Police, bail cannot be granted merely on grounds of delay in cases of such extreme gravity, particularly when the petitioners themselves are responsible for such delays.

During Monday's proceedings, the Supreme Court criticized the Delhi Police for not submitting their reply earlier and questioned the necessity of an affidavit in a bail matter, scheduling the next hearing for Friday.

The bench comprising Justices Aravind Kumar and NV Anjaria, set to hear the case tomorrow, had specifically requested the Delhi Police to address whether bail could be granted on grounds of prolonged incarceration to individuals who have spent five years in custody.

A day before the scheduled hearing, the Delhi Police filed their written response, arguing that Khalid and others are not entitled to bail and attributing trial delays primarily to the accused.

The police asserted that "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" exists in the case.

They 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 stated.

Delhi Police argued this was orchestrated to attract "international media" attention and portray the Citizenship (Amendment) Act (CAA) issue 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 further contended.

The affidavit elaborated 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."

Police informed the court that evidence suggests the conspiracy was intended for nationwide replication and execution.

"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," according to the affidavit.

"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 document stated.

"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 affidavit noted.

"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 burden of proof lies with the accused to demonstrate their innocence as the allegations against them are prima facie true.