Delhi riots case: SC rejects bail for Umar Khalid and Sharjeel Imam, citing serious charges under UAPA 

The Supreme Court on Monday denied bail to activists Umar Khalid and Sharjeel Imam, who are accused under the Unlawful Activities Prevention Act (UAPA) in connection with the 2020 Delhi riots conspiracy case. 

At the same time, the Court granted bail to five other accused—Gulfisha Fatima, Meeran Haider, Shifa ur Rehman, Shadab Ahmed, and Mohd Saleem Khan, as reported by Bar and Bench.

The Court said that each accused had to be considered individually. “Umar Khalid and Sharjeel Imam stand on a qualitatively different footing as compared to other accused,” Justices Aravind Kumar and N V Anjaria noted. 

The judges added that delay in trial could trigger closer judicial scrutiny, even in cases involving strict laws like the UAPA. 

The bench also underlined that Article 21 of the Constitution guarantees the right to liberty, and the State must justify extended pre-trial detention. “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,” they said. While bail under UAPA is not routine, the law does not automatically deny it.

The February 2020 riots broke out during protests against the Citizenship Amendment Act (CAA), leaving 53 people dead and more than 700 injured. Police allege that Khalid, Imam, and others had hatched a larger conspiracy to incite multiple riots. Khalid was arrested in September 2020, while Imam was arrested earlier in January that year. Both were charged under UAPA and the Indian Penal Code for criminal conspiracy, rioting, unlawful assembly, and other offences.

Imam, seeking bail, had told the Court that he was being “labelled a dangerous intellectual terrorist” without a trial or conviction. Senior advocate Siddharth Dave argued that Imam had been arrested before the riots erupted and that his speeches alone could not constitute criminal conspiracy. 

The Delhi Police, represented by Solicitor General Tushar Mehta and Additional Solicitor General S V Raju, argued that the riots were pre-planned, not spontaneous, and that speeches by the accused were intended “to divide society on communal lines.” Raju added that “acts of one conspirator can be attributed to others. Sharjeel Imam's speeches can be attributed to Umar Khalid. Sharjeel Imam's case will be considered as evidence against the others.”

Khalid, Imam, Fatima, Haider, and Shifa ur Rehman were booked under UAPA and IPC provisions for allegedly masterminding the riots, which left 53 dead and more than 700 injured. 

(With inputs from PTI)