Delhi riots case | No bail to Umar Khalid, Sharjeel Imam; What Supreme Court said

The Supreme Court on Monday refused to grant bail to activists Umar Khalid and Sharjeel Imam in the 2020 Delhi riots case, saying there was a prima facie case against them under the Unlawful Activities (Prevention) Act.

However, a bench of Justices Aravind Kumar and N V Anjaria granted bail to activists Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohd. Saleem Khan, and Shadab Ahmad in the case.

Here is what the Bench said on the matter:

"This court is satisfied that the prosecution material disclosed a prima facie allegation against the appellants Umar Khalid and Sharjeel Imam. The statutory threshold stands attracted qua these appellants. This stage of proceedings does not justify their enlargement on bail," the Bench said.

"Umar Khalid and Sharjeel Imam stand on a qualitatively different footing as compared to other accused," it said, as reported by Bar and Bench.

The Court added that Khalid and Imam can "move for bail on completion of examination of protected witnesses or completion of one year from present order."

The Court further stated, "The UAPA as a special statute represents a legislative judgment as to the conditions on which bail may be granted in pre trial stage. Delay serves as a trigger for heightened judicial scrutiny. The discussion has been confined to delay and prolonged incarceration. UAPA offences are rarely confined to isolated acts. The statutory scheme reflects this understanding," as mentioned by the publication.

"Section 43D(5) of UAPA departs from general provisions for grant of bail. (But) it does not exclude judicial scrutiny or mandate denial of bail in default," the Bench noted.

On December 10, the top court reserved its verdict on separate pleas of the accused after hearing arguments from Solicitor General Tushar Mehta and Additional Solicitor General S V Raju, appearing for Delhi police, and senior advocates Kapil Sibal, Abhishek Singhvi, Siddhartha Dave, Salman Khurshid and Sidharth Luthra, appearing for the accused.

Umar, Sharjeel and the other accused were booked under the Unlawful Activities (Prevention) Act (UAPA), an anti-terror law, and provisions of the erstwhile IPC for allegedly being the "masterminds" of the 2020 riots, which left 53 people dead and more than 700 injured in northeast Delhi.

The violence erupted during widespread protests against the Citizenship (Amendment) Act (CAA) and the National Register of Citizens (NRC).

The accused moved the apex court challenging a Delhi High Court order dated September 2 denying them bail in the "larger conspiracy" case of the February 2020 riots.

(With PTI inputs)