Supreme Court denies bail to Umar Khalid and Sharjeel Imam in 2020 Delhi riots case; relief for five other accused
New Delhi:The Supreme Court on Monday refused to grant bail to former Jawaharlal Nehru University (JNU) students Umar Khalid and Sharjeel Imam in connection with the 2020 Delhi riots case, while allowing bail to five other accused in the same matter.
A Bench comprising Justice Aravind Kumar and Justice N.V. Anjaria pronounced the order after reserving its verdict earlier. Umar Khalid and Sharjeel Imam had approached the apex court seeking bail in cases registered under the Unlawful Activities (Prevention) Act (UAPA) for their alleged role in the February 2020 communal violence in the national capital.
The Bench held that the roles attributed to Khalid and Imam were distinct and more serious compared to the other accused. “The role of Umar Khalid and Sharjeel Imam is different from that of the other accused.
The material on record indicates that the allegations against them cannot be equated with the remaining applicants,” the court observed. The judges added that at the stage of considering bail under UAPA, the court must examine whether the accusations regarding unlawful activities appear prima facie true.
At the same time, the Supreme Court granted bail to other accused persons in the case — Gulfisha Fatima, Meeran Haider, Shifa-ur-Rehman, Mohammad Salim Khan and Shadab Ahmed — noting that their alleged roles stood on a different footing.
The court underlined that “all accused cannot be treated alike” and bail must be assessed on the basis of individual roles and materials placed on record. The verdict came after extensive arguments were heard on December 10. Solicitor General Tushar Mehta and Additional Solicitor General S.V. Raju, appearing for the Delhi Police, strongly opposed the bail pleas.
They argued that the 2020 riots were not spontaneous but were the result of a “coordinated, pre-planned conspiracy” aimed at destabilising the nation and attacking India’s sovereignty. Senior advocates Kapil Sibal, Abhishek Singhvi, Siddharth Dave, Salman Khurshid and Siddharth Luthra appeared for the accused and argued that the prolonged incarceration of the accused without trial violated their fundamental rights.
They also contended that the prosecution relied heavily on selective material and protest speeches protected under the right to free expression. The 2020 Delhi riots erupted amid protests against the Citizenship (Amendment) Act (CAA), resulting in the deaths of over 50 people and large-scale damage to property.
Umar Khalid was arrested in September 2020 under UAPA for allegedly being part of the conspiracy behind the violence. Sharjeel Imam was also accused of delivering provocative speeches linked to the unrest.
With the Supreme Court’s ruling, Umar Khalid and Sharjeel Imam will continue to remain in judicial custody, while the five other accused are expected to be released on bail subject to conditions imposed by the trial court.
