Supreme Court Denies Bail to Umar Khalid, Sharjeel Imam in Delhi Riots Case

The Supreme Court on Monday denied bail to student activists Umar Khalid and Sharjeel Imam in the case linked to the alleged larger conspiracy behind the 2020 Delhi riots, while granting bail to five other accused.

A bench comprising Justices Aravind Kumar and Prasanna B Varale said that the material presented by the prosecution indicated a strong preliminary case against Khalid and Imam. The court observed that, at this stage, the available evidence does not justify granting them bail.

According to the apex court, the records suggest that both Khalid and Imam were not merely participants but were allegedly involved in planning, mobilisation and issuing strategic directions related to the violence. The bench noted that their role appeared to be of a higher level compared to other accused in the case.

At the same time, the court granted bail to five others, Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohd Saleem Khan and Shadab Ahmed, after examining their individual roles. The judges made it clear that bail decisions cannot be uniform and must be assessed separately for each accused based on the nature of the allegations.

“The court cannot treat all individuals on the same footing,” the bench said, adding that Khalid and Imam stand on a “qualitatively different footing” from the other accused.

All seven had approached the Supreme Court after the Delhi High Court earlier denied them bail under the stringent Unlawful Activities (Prevention) Act (UAPA).

While delivering the verdict, the Supreme Court emphasised that a bail hearing is not meant to test the defence in detail but to examine whether the prosecution’s case, on the face of it, warrants continued custody.

The bench said it was satisfied that sufficient material had been placed to indicate Khalid and Imam’s alleged involvement in the conspiracy.

The Delhi Police have claimed that the violence was not spontaneous but part of a carefully planned plot aimed at destabilising the government. Investigators have alleged that the protests were timed with the visit of then US President Donald Trump to India to draw international attention and globalise opposition to the Citizenship Amendment Act (CAA).

According to the police, the issue of CAA was allegedly used as a trigger to mobilise people under the cover of peaceful protests, which later turned violent.

Sharjeel Imam had surrendered to the police in January 2020, while Umar Khalid was arrested later in September the same year, during the COVID-19 pandemic.

Rights groups and activists have criticised the prolonged incarceration of the accused, pointing out that Khalid and Imam have spent over five years in jail. Amnesty International has previously termed their continued detention an example of justice being delayed.

The 2020 Delhi riots, which broke out during protests against the CAA and the proposed National Register of Citizens (NRC), left 53 people dead and over 700 injured.

Also Read: Delhi Riots: HC Questions Police Over UAPA Charges In 2020 Case