‘Why Blame Lawyers?’: Kapil Sibal Slams Delhi HC Over Delay in Umar Khalid Case

'What our judges sitting in High Courts are doing, according to us, is a violation of Article 21,' said Kapil Sibal.

Days after the Delhi High Court rejected bail petitions of Umar Khalid and eight others accused in the 2020 Delhi riots conspiracy case, senior advocate Kapil Sibal lashed out at the judiciary for inordinate delays in the case at a press conference on Friday, 5 September.

(Photo: The Quint)

Days after the Delhi High Court rejected bail petitions of Umar Khalid and eight others accused in the 2020 Delhi riots conspiracy case, senior advocate Kapil Sibal lashed out at the judiciary for inordinate delays in the case at a press conference on Friday, 5 September.

"What our judges sitting in the High Courts are doing, according to us, is a violation of Article 21. This injustice should not happen. If anyone holds feelings against the country that they will attack the integrity of the country, then we will stand with the country, against those people, but we have to stand with the innocent."

Kapil Sibal

Sibal also came down heavily at the courts, questioning why the standard set by the Supreme Court in other cases, has not been applied to Umar Khalid and others.

"The hearing that should have happened immediately took place 407 days later, and there's an accusation that one of our Chief Justices alleged that 'we used to withdraw lawyers.' Now is the time for the judiciary to show what your situation is. We will show them the mirror. You know that Umar Khalid's bail petition was recently dismissed by the High Court, and Umar Khalid has remained in custody for four years, 11 months, 15 days, and it will take more time," he added.

A Bench of Justices Navin Chawla and Shalinder Kaur, which had earlier reserved its order on 9 July, pronounced the verdict on 2 September, stating, "All appeals have been dismissed." In a detailed order that was uploaded later, the Bench stated "the trial is progressing at a natural stage."

But Sibal pointed out the delay in these hearings, given that five years later, even the charges have not been finalised.

He stated the Criminal Appeal 173 of 2022. It had 28 hearings in the High Court, taking 180 days. And the third Division Bench, which has made the decision now, 407 days passed in this matter.

"So, the hearing that should have happened immediately took place after 407 days, and there's an accusation from one of our Chief Justices that 'we used to withdraw lawyers,' but we are not withdrawing lawyers here, so why are decisions not made quickly?" asked Sibal.

'If There Is a Trial Today, They Would Be Acquitted'

He also stated that he only requested an adjournment twice, but an accusation was made that he requested it seven times.

"These judges say, 'there should be no haste... the trial should be calm,' because this is good for the government too, for the state that is prosecuting... And I want to tell you with confidence today, when its trial happens, if it happens, all of them will be acquitted," Sibal remarked.

Stressing on the fact that it took over 400 days for the High Court to pronounce its verdict, he said: "So, the point is that the lawyer is being blamed here, and if the court doesn't give a decision for years, then we are to blame. So, this is the state of the courts. If you don't want to grant bail, then dismiss it. What is the need for 20-30 hearings? What is the need to spend years?"

Further, citing judicial precedents in UAPA cases, Sibal lamented that "the Supreme Court violates its own decisions". The judicial decisions cited by him included:

• Athar Parwez v Union of India (accused spent two years and four months in jail; got bail)

• Shoma Kanti Sen v State (accused spent six years in jail; got bail)

• Zaheer Haq v State of Rajasthan (accused spent eight years in jail; got bail), and

• Union of India v KA Najeeb (accused spent five years in jail; got bail)

Talking about the allegations against Khalid, he said his speech was being called a terrorist act, though his speech, made in January 2020 in Mumbai, talked about protest, of embodying Mahatma Gandhi's values.

In a scathing comment, he added:

"These political parties of ours, they also don't raise these issues because they think they might suffer political damage. So, where is our democracy going? We will not speak the truth. Wrong things are happening. Wrong things are happening openly. If we don't raise our voice, who will? And our lawyers are also silent. Middle class people are also silent. Society is also silent. And a judge says that because of us, they did not get bail."