NEW DELHI: The Supreme Court on Monday rejected the bail pleas of Umar Khalid and Sharjeel Imam in connection with the 2020 north-east Delhi riots case. The bench, comprising Justices Aravind Kumar and N.V. Anjaria, ruled that the two stand on a “qualitatively different footing” compared to other accused and highlighted their central roles in the alleged offences.
The court stated that the nature of the terrorist acts under the Unlawful Activities (Prevention) Act (UAPA) extends beyond conventional warfare and includes acts attacking national integrity and sovereignty. The bench clarified that Khalid and Imam may apply for bail after one year but, at this stage, their release was not justified.
While the Supreme Court denied bail to Khalid and Imam, it granted bail to activists Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohd. Saleem Khan, and Shadab Ahmad. The court observed that despite the prolonged incarceration of Khalid and Imam, it does not violate constitutional guarantees nor override the statutory restrictions on bail under the applicable law.
The prosecution has presented prima facie evidence against the two, and the statutory threshold for denial of bail under UAPA is applicable in their cases. The court noted that their alleged involvement was central to the conspiracy behind the 2020 riots.
Defence lawyers had argued that the accused have been in custody for over five years without trial commencement and that no concrete evidence linked them to instigating violence during the riots. However, Delhi Police countered these claims, describing the offences as a deliberate attempt to destabilise the state through a planned pan-India conspiracy aimed at regime change and economic strangulation.
The police asserted that the violence was not spontaneous but orchestrated to coincide with the then US President’s visit to India to attract international attention and global opposition to the Citizenship Amendment Act (CAA). The CAA was described as a “radicalising catalyst” disguised as peaceful protest.
According to prosecution, the conspiracy led to 53 deaths and widespread damage to public property, resulting in 753 FIRs registered in Delhi alone. Evidence included the use of WhatsApp groups like the Delhi Protest Support Group and the Jamia Awareness Campaign Team, which allegedly facilitated the pan-India spread of the conspiracy.
The Delhi Police maintained that trial delays were due to the accused and asserted that cooperation from them could conclude the trial within two years.
Earlier, on September 2, the Delhi High Court had denied bail to Khalid, Imam, and seven others, citing the grave nature of their alleged roles and their inflammatory speeches intended to mobilise communal sentiments. Another bench had also rejected bail for co-accused Tasleem Ahmed on the same day.
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