Supreme Court denies bail to Umar Khalid, Sharjeel Imam in 2020 Delhi riots case

The Supreme Court on Monday refused to grant bail to student leaders Sharjeel Imam and Umar Khalid, who have been in custody for several years in connection with the February 2020 northeast Delhi riots case.

Citing the gravity of the allegations, the court said that Imam and Khalid stood “on a qualitatively different footing” compared to other accused in the case. Both had challenged a Delhi High Court order denying them bail under the stringent Unlawful Activities (Prevention) Act (UAPA).

At the same time, the apex court granted bail to five co-accused—Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohd Saleem Khan and Shadab Ahmad—drawing a clear distinction between their alleged roles and those attributed to Imam and Khalid.

The court, however, clarified that the grant of bail to the five accused did not dilute the seriousness of the charges against them. It imposed 12 strict conditions for their release, warning that any violation would lead to cancellation of bail.

The verdict was delivered by a bench of Justices Aravind Kumar and N.V. Anjaria, which had reserved its judgment on December 10 last year.

Key observations by the court, as reported by Bar and Bench, include:

• “The discussion has been confined to delay and prolonged incarceration. UAPA offences are rarely confined to isolated acts. The statutory scheme reflects this understanding.”

• “Bail is not a forum for evaluating defences. Judicial restraint is not an abdication of duty. The correct application requires the court to undertake a structured enquiry.”

The bench also examined the scope of Section 15 of the UAPA, which defines a “terrorist act”, noting that it extends beyond death and destruction to include acts that disrupt essential services or threaten the economy.

Emphasising that each bail plea under the UAPA must be assessed independently, the court said the degree of participation and culpability varied among the accused. “Umar Khalid and Sharjeel Imam stand on a qualitatively different footing as compared to other accused,” the bench observed.

The court also directed that the trial be concluded expeditiously and that protected witnesses be examined without delay.

The Delhi Police has consistently opposed bail for all accused, arguing that the 2020 riots were an “orchestrated, pre-planned and well-designed” conspiracy aimed at undermining India’s sovereignty. Investigators have also alleged that the violence was timed to coincide with the visit of then US President Donald Trump to draw international attention to protests against the Citizenship (Amendment) Act (CAA).

Sharjeel Imam, meanwhile, has denied the allegations and has argued before the court that he has been branded an “intellectual terrorist” without evidence or conviction.