Supreme Court To Pronounce Judgement On Umar Khalid, Sharjeel Imam's Bail In Delhi Riots Case On Monday
The Supreme Court will decide on 5 January whether Umar Khalid, Sharjeel Imam and others should receive bail in the UAPA linked Delhi riots case, assessing charges, evidence, and pre trial detention given the number of witnesses and ongoing proceedings.
The Supreme Court is set to deliver its decision on 5 January on the long-pending pleas for release filed by activist Umar Khalid, scholar Sharjeel Imam and several others, all seeking regular bail in the UAPA case connected to the alleged "larger conspiracy" behind the February 2020 Delhi riots.
The verdict will address challenges to a 2 September Delhi High Court order that refused bail to Umar Khalid, Sharjeel Imam, Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohd Saleem Khan and Shadab Ahmed, who argue that continued detention under the stringent anti-terror law is not justified by the evidence on record.
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Umar Khalid Sharjeel Imam bail case and Supreme Court hearing details
A bench of Justices Aravind Kumar and N. V. Anjaria heard detailed submissions from both sides and reserved judgment on 10 December, after arguments on the nature of the charges, the delay in trial and the scope of the UAPA provisions that have been invoked in connection with the north-east Delhi violence.
On behalf of the Delhi Police, Solicitor General Tushar Mehta and Additional Solicitor General S. V. Raju opposed the plea for liberty, while senior advocates Kapil Sibal, Abhishek Singhvi, Siddhartha Dave, Salman Khurshid and Sidharth Luthra appeared for the accused, questioning the strength of the prosecution case and the prolonged incarceration.
Background to the Umar Khalid Sharjeel Imam bail litigation and Delhi riots
The case stems from clashes that broke out in parts of north-east Delhi in February 2020, during protests over the Citizenship (Amendment) Act and the proposed National Register of Citizens, violence that resulted in 53 deaths and injuries to more than 700 people, along with extensive damage to homes and shops.
Investigators have invoked the Unlawful Activities (Prevention) Act along with sections of the erstwhile Indian Penal Code, alleging that Umar Khalid, Sharjeel Imam and others functioned as "masterminds" who coordinated protests and road blockades that, according to the prosecution, were used as a cover to organise riots on communal lines across the area.
Police affidavit in the Umar Khalid Sharjeel Imam bail dispute
In an affidavit filed in October before the Supreme Court, the Delhi Police claimed that the unrest was part of a planned "regime-change operation" designed to destabilise India and damage its image abroad, asserting that the events were not spontaneous but followed a pattern allegedly visible in chats and witness accounts.
The police told the court that they rely on statements, documents and digital material which, in their view, reveal a "deep-rooted conspiracy engineered on communal lines." They further alleged that the accused have slowed the case by filing "frivolous applications" and engaging in "coordinated non-cooperation" that, according to investigators, has stretched the timeline.
Responding to the contention that completing a trial with nearly 900 witnesses would take many years, the affidavit said that this concern is "a red herring manufactured to obtain bail", arguing that roughly 100 to 150 witnesses are crucial and that the process could move quicker if the accused fully joined the proceedings.
Relying on the strict framework of the UAPA, the police stressed that "jail, not bail" should apply in alleged terror-linked offences, arguing that the seriousness of the allegations and the claimed prima facie material mean that delay alone cannot be a valid reason for release while the trial is still underway.
Alleged roles and context in the Umar Khalid Sharjeel Imam bail case
According to the prosecution, Umar Khalid was "the founder of the idea of Chakka Jam for riots" and allegedly helped coordinate plans through the Delhi Protest Support Group, including an alleged closed-door meeting at Seelampur where participants were told to encourage local women to gather stones, knives, acid bottles and similar items.
The affidavit states that Sharjeel Imam operated "under the tutelage of Umar Khalid and other top conspirators" and is portrayed as a key planner for what police call the first phase of the agitation, between December 2019 and early 2020, by allegedly urging crowds through speeches at Jamia Millia Islamia and Asansol to support a disruptive "Chakka Jam".
Investigators also say that some chat messages referred to the visit of then United States President Donald Trump, contending that the timing of the unrest was intended to "globalise" the CAA dispute, so that international attention would fall on the protests and resulting clashes during the high-profile diplomatic trip.
| Accused | Law Invoked | Key Allegation |
|---|---|---|
| Umar Khalid | UAPA, IPC | Planning "Chakka Jam" and key meetings |
| Sharjeel Imam | UAPA, IPC | Speeches and first-phase coordination |
| Others named | UAPA, IPC | Participation in alleged "larger conspiracy" |
The petitioners, however, maintain that they are targeted for their role in anti-CAA protests and dispute being "masterminds", pointing to their long custody and arguing through counsel that bail is appropriate while the trial continues, especially given the wide number of accused and witnesses across the broader riots-related cases.
The Supreme Court’s judgment on 5 January is expected to shape how bail is considered in complex UAPA prosecutions linked to the 2020 Delhi riots, and will be a major point in the ongoing legal contest between the Delhi Police and the accused over allegations of conspiracy, delay, and the limits of prolonged pre-trial detention.
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