Daijiworld Media Network - New Delhi
New Delhi, Jan 5: The Supreme Court on Monday denied bail to activist Umar Khalid and Sharjeel Imam in the 2020 Delhi riots larger conspiracy case, observing that the materials on record disclosed a prima facie case against them under the Unlawful Activities (Prevention) Act (UAPA), 1967.
However, the apex court granted bail to five other accused — Gulfisha Fatima, Meera Haider, Shifa Ur Rehman, Mohd Saleem Khan and Shadab Ahmed — after drawing a clear distinction in their alleged roles. The court imposed 12 stringent conditions on them before ordering their release.
A two-judge bench headed by Justice Aravind Kumar, along with Justice N V Anjaria, pronounced the verdict on the appeals filed by all six accused challenging the Delhi High Court’s September 2, 2025 order rejecting their bail pleas.
Refusing relief to Khalid and Imam, the court said they appeared to have played a “central and formative role” in the alleged offences, thereby attracting the statutory bar on bail under Section 43D(5) of the UAPA. The bench noted that it was not persuaded that the length of their incarceration had crossed the threshold required to override the statutory restrictions.
“The bail adjudication requires the court to examine what is attributed to each accused. Differentiation is a constitutional discipline. Umar Khalid and Sharjeel Imam stand on a different footing, and parity cannot be claimed,” the court observed.
The bench emphasised that while Article 21 and the right to personal liberty are fundamental, courts cannot ignore legislative mandates under special laws like the UAPA when prosecution material prima facie discloses the commission of an offence. It clarified that bail proceedings are not meant to evaluate defences in detail but require a structured enquiry into the nature of allegations and the accused’s role.
The court also took into account issues such as prolonged incarceration but reiterated that pre-trial detention under a special statute cannot automatically be equated with punishment.
All six accused have been in custody for over five years in connection with the February 2020 riots, which broke out amid protests against the Citizenship Amendment Act (CAA) and National Register of Citizens (NRC), leaving 53 people dead and over 700 injured.
The Delhi police had strongly opposed the bail pleas, arguing that the riots were not spontaneous but an “orchestrated and pre-planned” conspiracy. The prosecution relied on speeches, witness statements, call detail records and alleged secret meetings to establish the role of the accused.
The accused have denied all allegations, maintaining their innocence, while the police have continued to oppose their release.