The Supreme Court on Monday denied bail to activist Umar Khalid and former JNU student leader Sharjeel Imam in the Delhi riots case.
The bench held that both stood on a “higher footing in the hierarchy of participation” in the alleged larger conspiracy behind the 2020 Northeast Delhi riots.
Justices Aravind Kumar and Prasanna B Varale emphasised that allegations against all the accused were not equal. Therefore, they ruled that each bail plea must be considered individually. As a result, the court granted conditional bail to Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohammad Salim Khan, and Shadab Ahmad.
Khalid and Imam face charges under Section 15 of the Unlawful Activities Prevention Act (UAPA). This provision defines terrorist acts as those intended to threaten India’s unity, integrity, or security, or to strike terror among people. Moreover, the prosecution argued that by conspiring and organising a “chakka jam” (road blockade), the accused committed a terrorist act.
Umar Khalid’s bail journey illustrates systemic delays. Police arrested him in September 2020. He first sought bail in July 2021 at Karkadooma court but withdrew after objections. Later that year, he filed a fresh plea. In March 2022, the trial court rejected his bail, citing witness statements and electronic evidence that allegedly showed his role in escalating protests into violence.
Subsequently, Khalid appealed to the Delhi High Court in April 2022. However, in October, the court dismissed his plea, applying the UAPA bar under Section 43D(5). Even though the Supreme Court directed all courts in 2022 to decide bail pleas within two weeks, Khalid’s case faced repeated delays due to judicial transfers and adjournments.
Later, Khalid approached the Supreme Court in April 2023. After months of adjournments, he withdrew his petition in February 2024, citing “changed circumstances.” He then returned to the trial court. In May 2024, the court again rejected his bail, ruling that prolonged incarceration alone could not override UAPA restrictions.
ALSO READ: Puri Gajapati Maharaja Dibyasingha Deb Performs Pushyabhisheka Ritual
