The Supreme Court has requested a response from the Delhi Police regarding the bail pleas of student activists Umar Khalid, Sharjeel Imam, Meeran Haider, Gulfisha Fatima, and Shifa Ur Rehman, who are accused in the larger conspiracy case related to the 2020 Delhi riots. These activists face charges under the stringent Unlawful Activities (Prevention) Act (UAPA).
A bench of Justices Aravind Kumar and N.V. Anjaria issued the notice and scheduled the next hearing for October 7. The activists have been in jail for over five years, prompting their legal representatives to seek early or interim bail, arguing that the trial is unlikely to conclude within a reasonable time.
Senior advocates Abhishek Manu Singhvi and Kapil Sibal, representing the accused, emphasized the prolonged incarceration of the students and urged the court to grant them interim bail. Sibal requested an early hearing date, suggesting it be held before Diwali so the activists could be released by then. The court, however, decided to hear and decide the main petition.
The petitioners have cited previous Supreme Court rulings, arguing that the stringency of statutory restrictions should ease when there is no likelihood of the trial concluding soon, and constitutional courts should favor granting bail in such cases. They have also sought parity with fellow activists Natasha Narwal, Devangana Kalita, and Asif Iqbal Tanha, who were granted bail in June 2021.
The Delhi High Court had earlier denied bail to nine individuals, including Khalid and Imam, stating that "conspiratorial" violence under the guise of demonstrations or protests could not be allowed. The High Court distinguished the cases of Narwal, Kalita, and Tanha, noting that the alleged conspiratorial violence attributed to Imam and Khalid was prima facie of a more serious nature. While the high court acknowledged the constitutional protection for the right to peaceful protest and free speech, it emphasized that these rights are not absolute and are subject to reasonable restrictions. The high court stated that allowing unfettered right to protest would damage the constitutional framework and impinge upon law and order.
The case arises from the February 2020 Delhi riots, which resulted in 53 deaths and over 700 injuries. The activists are accused of being the "masterminds" behind the riots, which erupted during protests against the Citizenship (Amendment) Act and the National Register of Citizens. They have been booked under the UAPA and provisions of the Indian Penal Code. The accused have denied all allegations against them and have been in jail since 2020, moving the High Court after a trial court rejected their bail pleas. The Supreme Court will now consider their appeals against the High Court's order.
