New Delhi – In a significant ruling regarding the Delhi riots case of 2020, the Supreme Court on Monday denied bail to activists Umar Khalid and Sharjeel Imam. The decision came after both had challenged a previous Delhi High Court order that also denied them bail. However, in the same ruling, the court granted bail to five other co-accused: Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohd. Saleem Khan, and Shadab Ahmed.
The Supreme Court bench, comprising Justices Aravind Kumar and N.V. Anjaria, stated that the "gravity and statutory nature of the offences attributed to them did not warrant the grant of relief at this stage". The court further clarified that it could not treat all individuals equally when considering bail, emphasizing the need to assess each application individually based on the hierarchy of participation. The court stated that the prosecution material disclosed a prima facie allegation against Umar Khalid and Sharjeel Imam, attracting the statutory threshold.
Following the verdict, Umar Khalid's partner, Banojyotsna Lahiri, shared a brief exchange on social media, quoting Khalid as saying, "I am really happy for the others, who got bail! So relieved". Lahiri mentioned she would visit him and quoted Khalid as responding, "Good, good, aa jana. Ab yahi zindagi hai" which translates to "Good, good, do come, this is life now".
Syed Qasim Rasool Ilyas, Umar Khalid's father, offered a concise reaction to the court's decision, stating, "I have nothing to say. The judgement is before you". Meanwhile, Shifa Ur Rehman's wife welcomed the release of her husband and the other co-accused who were granted bail and also expressed hope that Umar Khalid and Sharjeel Imam would also get bail at the earliest.
The Communist Party of India (Marxist) has criticized the Supreme Court’s decision, asserting that the continued imprisonment of Khalid and Imam under the Unlawful Activities (Prevention) Act (UAPA) for over five years without a trial violates principles of natural justice.
The Supreme Court has clarified that Khalid and Imam can reapply for bail after one year or upon the completion of the examination of protected witnesses, whichever comes earlier. Any future application will be considered independently, without being affected by the current order.
The case revolves around the alleged "larger conspiracy" behind the February 2020 riots in Delhi, with Khalid and Imam facing serious allegations under the UAPA and the Indian Penal Code. The Delhi High Court, in its previous ruling, had noted that Khalid and Imam were among the first to act after the Citizenship Amendment Bill was passed in December 2019, allegedly creating WhatsApp groups and distributing pamphlets to instigate protests and disrupt essential supplies.
