The Delhi High Court on Tuesday, September 2, 2025, refused to grant bail to former Jawaharlal Nehru University (JNU) students Umar Khalid and Sharjeel Imam, along with seven other accused, in connection with the 2020 Delhi riots conspiracy case. A division bench of Justices Navin Chawla and Shalinder Kaur pronounced the verdict, dismissing the appeals of all nine individuals.
The court held that their role in the 2020 Delhi riots conspiracy case was prima facie "grave" and observed that a hurried trial would be "detrimental" to both the accused and the State. The bench stated that the role assigned to Khalid and Imam by the prosecution "cannot be lightly brushed aside". It noted that prima facie they were the "first ones to act" after the Citizenship (Amendment) Bill was passed in December 2019, by creating WhatsApp groups and distributing pamphlets in Muslim-populated areas calling for protests and 'chakka-jaams', including the disruption of essential supplies. The prosecution alleged that the duo misled people into believing that CAA and NRC were anti-Muslim laws.
The court added that the alleged inflammatory and provocative speeches delivered by Khalid and Imam, when considered in totality, "prima facie indicate their role in the alleged conspiracy". Their absence at the time of the actual riots, the bench said, cannot mitigate their alleged role, as they were accused of being key conspirators in "planning and designing the scheme of events". The High Court emphasized that the trial was already at the stage of arguments on the framing of charges, which showed that the case was moving forward.
The High Court also weighed in on the larger question of protests, stressing that while the right to participate in peaceful protests and make speeches is protected under Article 19(1)(a), it is subject to reasonable restrictions. "The right to protest is not absolute," the bench said, warning that "an unfettered right to protest would damage the constitutional framework and impinge on law and order". It further held that "conspiratorial violence under the garb of protests or demonstrations cannot be permitted," adding that such actions "must be regulated and checked by the State machinery" as they do not fall within the ambit of freedom of speech, expression, or association.
Umar Khalid, Sharjeel Imam, and several others have been booked under the Unlawful Activities (Prevention) Act (UAPA) and provisions of the Indian Penal Code for allegedly being the "masterminds" behind the February 2020 riots, which left 53 people dead and over 700 injured. The violence erupted during protests against the Citizenship Amendment Act (CAA) and National Register of Citizens (NRC). Khalid was arrested on September 14, 2020, by the Delhi Police Special Cell.
Solicitor General Tushar Mehta, representing the prosecution, argued that the violence was a plot to defame India globally. He contended that long incarceration alone was not a ground for bail. Imam's counsel had argued that he was "completely disconnected" from the place, time, and co-accused, including Khalid, and that his speeches and WhatsApp chats never called for unrest.
Khalid's partner, Banojyotsna Lahiri, stated that they would approach the Supreme Court, as that is the "only option left". She added, "Keeping someone in jail for five years without any trial is in itself a ground for bail. But Khalid's plea is again rejected by the High Court. We do not understand the reason because, as citizens, we only look up to courts for justice. We will go to the Supreme Court, as that is the only option left for us. We hope we will get justice in the near future".
