Umar Khalid Sharjeel Imam: The Supreme Court on Monday declined to grant bail to student activists Umar Khalid and Sharjeel Imam in the 2020 Delhi riots case, while allowing bail pleas of five other co-accused. The court said that they can renew their bail applications after the examination of protected witnesses or after one year from today.
Why Bail Was Denied To Khalid And Imam
A bench of Justices Aravind Kumar and N V Anjaria said each bail plea must be assessed independently, noting that the accused are “not on equal footing” in terms of alleged culpability. Citing the seriousness of allegations against Khalid and Imam, the apex court refused them relief at this stage.
The court observed that while Article 21 of the Constitution mandates scrutiny of prolonged pre-trial detention, the “hierarchy of participation” requires a case-by-case evaluation of bail applications.
Five Co-Accused Granted Bail
Furthermore, the court granted bail to Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohd Saleem Khan and Shadab Ahmad. All seven accused had been booked under the Unlawful Activities (Prevention) Act (UAPA) and various provisions of the Indian Penal Code (IPC) for allegedly playing key roles in the riots.
According to the prosecution, the accused were “masterminds” behind the violence that claimed 53 lives and left over 700 people injured.
Background Of The Case
Umar Khalid, a former JNU scholar, has been in custody since September 13, 2020, while Sharjeel Imam was arrested on January 28, 2020, weeks before the riots erupted. The violence broke out in parts of Northeast Delhi in February 2020, amid protests against the Citizenship (Amendment) Act (CAA), causing widespread destruction of homes, shops and places of worship.
The verdict comes after the top court reserved its order on December 10, following detailed arguments by the Delhi Police and senior advocates representing the accused. The police had opposed bail, maintaining that the riots were not spontaneous but a “pre-planned and orchestrated” conspiracy.
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