The Supreme Court concluded hearing arguments from six individuals, including Umar Khalid and Sharjeel Imam, who are accused in the 2020 North-East Delhi riots "larger conspiracy" case. These individuals have challenged a September 2 Delhi High Court order that denied them bail. A bench of Justices Aravind Kumar and N.V. Anjaria presided over the bail petitions filed by Umar Khalid, Sharjeel Imam, Gulfisha Fatima, Meeran Haider, Shadab Ahmed, and Mohd. Saleem Khan. The Delhi Police, who are opposing the bail pleas, are scheduled to present their submissions starting November 11.
The case stems from the February 2020 riots that erupted following clashes related to the Citizenship Amendment Act (CAA). According to police reports, the violence resulted in 53 deaths and hundreds of injuries. The current case before the Supreme Court concerns an alleged "larger conspiracy" to orchestrate the riots. The First Information Report (FIR) was registered by the Special Cell of the Delhi Police, and it includes charges under the Indian Penal Code (IPC) and the Unlawful Activities (Prevention) Act (UAPA).
Umar Khalid has been in custody since his arrest in September 2020. His previous bail applications were rejected by both the trial court and the High Court, which led him to appeal to the Supreme Court. Sharjeel Imam is facing multiple cases across different states involving charges of sedition and UAPA, though he has secured bail in some of these cases.
The accused have defended themselves by asserting that they did not incite violence. On October 31, Khalid stated before the Court that he "was not even in Delhi when the riots took place". Imam's legal representative argued that he only advocated for "peaceful protests," not violence. Fatima's counsel contended that there is no evidence linking her to any violent acts, stating, "No documentary or oral evidence shows anyone carrying chilli powder, acid, etc., at the protest sites where I was present".
During a hearing on November 3, Meeran Haider's lawyer, Siddharth Agarwal, stated that Haider had publicly opposed Imam's presence at the protest sites, which refutes any claims of a conspiracy. On Thursday, Shadab Ahmed's lawyer, Sidharth Luthra, argued that his client did not cause any delays in the trial and was not part of the WhatsApp groups cited by the police. Luthra also clarified that the term "chakka jam" was a colloquial expression that meant to "stop the wheels of traffic".
The Delhi Police, in a detailed affidavit submitted to the Supreme Court, has alleged that Sharjeel Imam was a "key conspirator" in the 2020 Delhi riots, supposedly acting under the direction of Umar Khalid and other senior planners. The police have also described the protests against the Citizenship Amendment Act (CAA) as a "regime change operation," asserting that the conspiracy was timed to coincide with the visit of then U.S. President Donald Trump, with the aim of drawing international attention.
The High Court had previously stated that "violence in the name of protest is not free speech" when it dismissed the bail pleas of Umar Khalid, Sharjeel Imam, and several others. The Supreme Court is scheduled to resume the hearing on November 11, when the Delhi Police will present their arguments.
