The Supreme Court on Monday refused to cancel the bail of Faizan Khan, an accused in the Delhi riot case. A three-member bench headed by Justice Ashok Bhushan dismissed the Delhi Police's plea challenging the Delhi High Court's decision to grant Faizan's bail.
Faizan is accused of providing a SIM without an identity card to the Jamia Coordination Committee students in protest against the CAA, through which a WhatsApp group was formed.
Explain that the High Court had granted bail on October 24 to Faizan Khan, an accused in the North East Delhi riot case. The bench granted bail in case the police did not have concrete evidence against the accused. The bench said that the police alleged that Faizan had provided the SIM to the students of the Jamia Coordination Committee in protest against the CAA, through which the WhatsApp group was formed. He was also not a part of that WhatsApp group.
A single bench of Justice Suresh Kumar Kait granted bail to the accused, saying that no concrete evidence is on record under the allegations made by the police. The police have registered a case against him under UAPA, but there is no CCTV footage nor witness against him.
The bench said that there is no such allegation against the accused on behalf of the police that he is involved in any way with Terror funding nor alleged that he had a hand in the CAA protests. Police alleged that he gave the SIM on a fake ID. It is not an allegation for which purpose he gave the SIM or he knew for what purpose the SIM would be used.
The bench asked the police whether it had any chat, message, or any other evidence against the accused in the case. When there was no response from the police, the bench said that there is no concrete evidence to support the allegations against the accused. Therefore, the accused cannot be placed in judicial custody.