Supreme Court Denies Bail to Umar Khalid and Sharjeel Imam in Delhi Riots Case
Supreme Court's Decision on Activists' Bail
On Monday, the Supreme Court rejected bail requests from activists Umar Khalid and Sharjeel Imam, who are implicated in an alleged conspiracy related to the 2020 Delhi riots, according to reports from legal sources.
A panel comprising Justices Aravind Kumar and NV Anjaria approved bail for five other individuals: Gulfisha Fatima, Meeran Haider, Shifa-ur-Rehman, Shadab Ahmed, and Muhammad Saleem Khan.
The court was reviewing their petitions, which contested a previous ruling by the Delhi High Court that dismissed their bail requests on September 2.
The court had reserved its decision on the matter on December 10.
The activists were detained between January and September 2020 in connection with the communal unrest that erupted in North East Delhi in February 2020, which involved clashes between supporters and opponents of the Citizenship Amendment Act. This violence resulted in 53 fatalities and numerous injuries, predominantly affecting the Muslim community.
Charges against the accused include violations of the Unlawful Activities Prevention Act, the Prevention of Damage to Public Property Act, the Arms Act, and various sections of the Indian Penal Code.
During the hearing, the bench indicated that Khalid and Imam could submit new bail applications after all protected witnesses have been examined or after a year has passed.
The court noted that Khalid and Imam are in a distinctly different situation compared to the other accused, expressing satisfaction that the evidence presented by the prosecution established a prima facie case against them.
Following the High Court's denial of bail on September 2, the activists appealed to the Supreme Court, which subsequently issued a notice to the Delhi Police on September 22.
In an affidavit submitted on October 30, the Delhi Police opposed the bail applications, asserting that the actions of the accused were part of a coordinated effort to instigate a 'regime change' under the pretense of civil dissent.
The police also claimed that the petitioners were attempting to portray themselves as victims due to their lengthy detention, alleging that they were responsible for delaying the trial for improper reasons.
Conversely, the accused have argued that they were exercising their constitutional right to peaceful protest and that the conspiracy allegations are an effort to criminalize dissent.
They contend that their extended detention constitutes punishment prior to a conviction, as the trial court has yet to frame charges and many witnesses still need to be heard.