In a significant order concerning the 2020 Delhi riots, the Supreme Court on Monday, January 5, 2026, denied bail to activists Umar Khalid and Sharjeel Imam, while granting bail to five co-accused: Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohd Saleem Khan, and Shadab Ahmed. A bench of Justices Aravind Kumar and N.V. Anjaria delivered the verdict, distinguishing the roles of Khalid and Imam from the other co-accused in the alleged "larger conspiracy" behind the riots.
The case against Khalid and Imam, filed by the Delhi Police, accuses them of conspiring and instigating the 2020 Delhi riots, which erupted during protests against the Citizenship Amendment Act, 2019 (CAA). They face charges under the Unlawful Activities (Prevention) Act (UAPA) and the Indian Penal Code (IPC). The prosecution alleges a pre-planned criminal conspiracy to orchestrate riots in Delhi as a form of protest against the CAA and the proposed National Register of Citizens (NRC). The riots in February 2020 resulted in over 50 deaths and widespread communal tensions.
The Supreme Court, in its judgment, stated that the prosecution material disclosed a prima facie case against Umar Khalid and Sharjeel Imam, attracting the statutory bar to bail under Section 43D(5) of UAPA. The court was satisfied that the material presented by the prosecution revealed a "central and formative role" played by Khalid and Imam in the alleged conspiracy. The court noted that Khalid and Imam had a "central and directive role" in "conceptualizing, planning, and coordinating" the alleged larger conspiracy behind the Delhi riots. The court also said that Khalid and Imam exercised command and authority to mobilize individuals within and outside their immediate circle.
In contrast, the court found the roles of the five co-accused granted bail to be "merely subsidiary or facilitative in nature". The court considered the role attributed, the nature of the material relied upon, and the present stage of the proceedings when granting them conditional bail.
The court clarified that equality cannot be applied mechanically in matters of bail and that the hierarchy of participation requires the court to assess each bail application individually. The Court further noted that in prosecutions under the UAPA, delay in trial does not operate as a "trump card" which automatically displaces statutory safeguards.
Defense lawyers had argued for bail based on prolonged incarceration and delays in the trial. However, the Supreme Court allowed Khalid and Imam to apply for bail again after one year or after the examination of all protected witnesses is completed, whichever is earlier.
Reactions to the verdict have been varied. A lawyer for Gulfisha Fatima, one of the co-accused granted bail, expressed happiness that five people would be released after 5.5 years and noted the court's direction for a swift trial. Umar Khalid's partner quoted him as saying, "this is life now". The Communist Party of India (Marxist) criticized the Supreme Court's decision to deny bail to Khalid and Imam, stating that their continued incarceration violates principles of natural justice and describing the UAPA as a "draconian" law used to target dissenting voices.
