2020 Delhi riots | High Court denies bail to Umar Khalid, Sharjeel Imam & others in 'larger conspiracy' case

New Delhi: The Delhi High Court on Tuesday denied bail to activists Umar Khalid, Sharjeel Imam and seven others facing prosecution in a UAPA case linked to the alleged conspiracy behind the February 2020 riots.

A bench of Justices Navin Chawla and Shalinder Kaur pronounced the order on the bail pleas of Khalid, Imam, Mohd Saleem Khan, Shifa Ur Rehman, Athar Khan, Meeran Haider, Abdul Khalid Saifi, Gulfisha Fatima and Shadab Ahmed.

"All the appeals are dismissed," the bench held on Tuesday after reserving its order on July 9.

A detailed order is awaited.

The accused persons have been in jail since 2020 and they moved the high court against a trial court order dismissing their bail pleas.

The prosecution had opposed the bail pleas saying it was not a case of spontaneous riots but a case where riots were "planned well in advance" with a "sinister motive" and "well-thought-out conspiracy".

Solicitor General Tushar Mehta, representing the prosecution, then contended it was a conspiracy to defame India on a global level and mere long incarceration was no ground for bail.

"If you do anything against your nation, you better be in jail till you are acquitted," he argued.

Imam's counsel, however, argued that he was "completely disconnected" with the place, time and co-accused persons, including Khalid.

His speeches and WhatsApp chats never called for any unrest, he added.

Khalid, Imam and several others were booked under Unlawful Activities (Prevention) Act (UAPA) and provisions of IPC for allegedly being the "masterminds" of the February 2020 riots, which left 53 people dead and over 700 injured.

The violence erupted during the protests against the CAA and NRC.

Imam was arrested in the case on August 25, 2020. While challenging the trial court orders refusing bail, Imam, Khalid and others cited their long incarceration and parity with other co-accused who were granted bail.

The bail pleas of Imam, Saifi, Fatima and others, were pending in the high court since 2022 and were heard by different benches from time to time.

Delhi Police opposed the bail applications of all accused, saying the communal violence of February 2020 was a case of "clinical and pathological conspiracy".

Speeches by Khalid, Imam and co-accused created a sense of fear with their common pattern of reference to CAA-NRC, Babri mosque, triple talaq and Kashmir, the police alleged.

The police contended that in a case involving such "grave" offences, the principle of "bail is the rule and jail is the exception" could not be invoked.

It also denied any "attempt by the prosecution" to delay the trial court proceedings, saying the right to speedy trial was not a "free pass".