Supreme Court Denies Bail to Umar Khalid, Sharjeel Imam in Delhi Riots Case; Grants Relief to Five Others

New Delhi: The Supreme Court on Monday declined to grant bail to activists Umar Khalid and Sharjeel Imam in the 2020 Delhi riots conspiracy case, while allowing bail to five other accused, citing differences in the “hierarchy of participation” and the roles attributed to each individual.

A bench comprising Justices Aravind Kumar and N V Anjaria held that there was a prima facie case against Khalid and Imam under the Unlawful Activities (Prevention) Act (UAPA), and said the delay in trial could not be treated as a “trump card” to override statutory safeguards under the anti-terror law.

“At this stage, all the appellants do not stand on the same footing as regards culpability,” the bench observed. “The hierarchy of participation emerging from the prosecution’s case requires the court to examine each application on its own merits.”

While Khalid and Imam will continue to remain in judicial custody, the court granted bail to activists Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohd. Saleem Khan and Shadab Ahmad. The bench clarified that granting bail to these five accused did not amount to a dilution of the allegations levelled against them.

“The roles attributed to the accused are different, and each case must be assessed individually,” the court said.

Charges and Background

Sharjeel Imam was arrested by the Delhi Police on January 28, 2020, from Jehanabad in Bihar in a sedition-related case over alleged inflammatory speeches against the Citizenship (Amendment) Act (CAA) and the proposed National Register of Citizens (NRC). He was subsequently named as an accused in the Delhi riots conspiracy case.

Umar Khalid was arrested in September 2020 in connection with what the police described as a “larger conspiracy” behind the communal violence that erupted in northeast Delhi in February 2020.

Khalid, Imam, Gulfisha Fatima, Meeran Haider and Shifa Ur Rehman have been charged under the UAPA, 1967, along with various provisions of the Indian Penal Code, for allegedly being among the “masterminds” of the riots. The violence claimed at least 53 lives and left more than 700 people injured.

The case continues to be under trial in a lower court, with proceedings moving at a gradual pace due to the complexity of the charges and the number of accused involved.