Former Jawaharlal Nehru University (JNU) scholar Umar Khalid and student activist Sharjeel Imam, key accused in the larger conspiracy case linked to the February 2020 Delhi riots, have approached the Supreme Court seeking bail.
The petitions challenge a September 30, 2026, Delhi High Court order that dismissed their bail pleas by upholding a one-year trial embargo previously imposed by the apex court.
Arguments on Trial Prolongation and Witness Status
In their fresh pleas filed through advocates N Sai Vinod (representing Khalid) and Fauzia Shakil (representing Imam), the petitioners argued that their continued detention under the Unlawful Activities (Prevention) Act (UAPA) has become punitive due to significant judicial delays:
- January 5 Order Conditions: On January 5, the Supreme Court granted bail to five co-accused but denied bail to Khalid and Imam, observing that their roles stood on a “qualitatively different footing” as alleged ideological drivers. However, the court granted them liberty to renew their bail prayers upon the examination of protected witnesses or after one year, whichever occurred earlier.
- Witness Delays: The petitioners highlighted that six years into their incarceration, the prosecution has failed to examine even one of over 900 named witnesses—including 47 protected witnesses.
- Arguments on Charge: While arguments on charge concluded in July, trial proceedings remain stalled as the trial court awaits an upcoming Supreme Court ruling on a co-accused’s plea regarding unrelied documents.
Legal Precedents and Larger Bench References
The petition also references a May 18 Supreme Court ruling delivered by a separate coordinate bench, which held that prolonged trial delays serve as valid grounds for bail under UAPA provisions.
Due to perceived conflicts in jurisprudence between UAPA bail restrictions and the constitutional right to a speedy trial, a Supreme Court bench has referred the issue of prolonged undertrial incarceration under UAPA to a larger bench. Khalid was arrested on September 13, 2020, while Imam was formally arrested in this case on August 25, 2020.
