SC Denies Bail To Umar Khalid, Sharjeel Imam In 2020 Delhi Riot Case

The Supreme Court on Monday denied bail to Umar Khalid and Sharjeel Imam in the 2020 Delhi riots conspiracy case.

However, the apex court has granted bail to other accused in the case - Gulfisha Fatima, Meera Haider, Shifa Ur Rehman, Mohd. Saleem Khan and Shadab Ahmed.

A bench comprising Justice Aravind Kumar and Justice NV Anjaria observed that the evidence presented by the prosecution suggests a prima facie case against Khalid and Imam under the Unlawful Activities (Prevention) Act (UAPA). The judges noted that the materials disclosed a "central and formative role" played by the two, suggesting their involvement went beyond isolated incidents to a level of strategic planning and mobilization, Bar and Bench reported.

"The threshold under Section 43D(5) of the UAPA stands attracted," the Court noted, referring to the strict legal bar that makes bail difficult under anti-terror laws. However, the bench clarified that this is not a permanent door-closure; both Khalid and Imam may renew their bail applications in one year or after the examination of protected witnesses is completed.

The Court simultaneously granted bail to Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohd. Saleem Khan, and Shadab Ahmed. The Court emphasized that it had avoided a collective judgment, instead analyzing the individual role attributed to each person. Those released must adhere to twelve specific bail conditions, with the Court warning that any misuse of this liberty would lead to immediate cancellation.

The judgment also addressed a critical legal argument regarding trial delays. Justice Aravind Kumar stated that in UAPA cases, a delay in the trial process does not serve as a "trump card" that automatically overrides the law's strict safeguards against bail. He further clarified that "terrorist acts" under the law should not be viewed narrowly; the definition includes not only blatant violence but also actions that disrupt essential services or threaten the nation's economy.

The Delhi Police had strongly opposed the release of all accused, arguing that the February 2020 violence-which claimed 53 lives-was not a spontaneous outburst but a "pre-planned and orchestrated" attack on India's sovereignty. The prosecution successfully argued that in a conspiracy, the acts of one member, such as Sharjeel Imam's speeches, could be attributed to the others.

While the legal battle continues, the Supreme Court has directed the trial court to expedite the proceedings to ensure the case moves toward a final conclusion without further unnecessary delay.