The Supreme Court on Monday refused to grant bail to student activists Umar Khalid and Sharjeel Imam in the 2020 Delhi riots case, holding that the allegations against them place them on a “qualitatively different footing” from other accused.
At the same time, the apex court ordered the release of five other co-accused, giving partial relief in a case that has remained under national focus for nearly five years.
A bench of Justice Aravind Kumar and Justice N.V. Anjaria delivered the verdict while hearing multiple bail pleas linked to the violence that shook northeast Delhi in February 2020.
The judges said the available material indicates that Khalid and Imam played a more central role in the alleged conspiracy compared to others.
“The hierarchy of participation requires the court to examine each case independently. The appellants are not on equal footing when it comes to culpability,” the bench observed.
While acknowledging the importance of personal liberty under Article 21, the court said the seriousness of the allegations and the nature of the evidence justified denying bail to the two activists.
However, the Supreme Court granted bail to Gulfisha Fatima, Meeran Haider, Shifa-ur-Rehman, Mohd. Saleem Khan, and Shadab Ahmad, subject to strict conditions. The court held that prolonged incarceration without trial warranted relief in their cases.
Khalid and Imam have been charged under the Unlawful Activities (Prevention) Act (UAPA) along with provisions of the Indian Penal Code for allegedly being key conspirators behind the riots. The court noted that a prima facie UAPA case exists against them, which places a higher bar on granting bail.
Sharjeel Imam has been in custody since January 28, 2020, while Umar Khalid was arrested on September 13, 2020. Both have consistently maintained that they were exercising their democratic right to protest against the Citizenship (Amendment) Act and had no role in any violence.
The 2020 Delhi riots claimed 53 lives and left more than 700 people injured, making it one of the deadliest episodes of communal violence in the capital in decades. Delhi Police has alleged that the unrest was part of a well-planned conspiracy linked to protests against the CAA, NRC, and NPR.
The Supreme Court had reserved its judgment on December 10 after hearing arguments from Solicitor General Tushar Mehta and Additional Solicitor General S.V.R. Raju for the Delhi Police, and senior advocates including Kapil Sibal, Abhishek Singhvi, Salman Khurshid, and Sidharth Luthra for the accused.
The verdict highlights the court’s position that while prolonged detention must be justified, those facing serious terror-related charges cannot be treated at par with other accused, even within the same case.