Umar Khalid, Sharjeel Imam denied bail by SC in 2020 Delhi riots case

The Supreme Court on Monday denied bail to Umar Khalid and Sharjeel Imam in the larger conspiracy case in relation to the 2020 north east Delhi riots.

"This court is satisfied that the prosecution material disclosed a prima facie allegation against the appellants Umar Khalid and Sharjeel Imam. The statutory threshold stands attracted qua these appellants. This stage of proceedings do not justify their enlargement on bail," the top court said.

A Bench of Justices Aravind Kumar and NV Anjaria delivered the verdict.

Noting that the Unlawful Activities (Prevention) Act (UAPA) is a special law where Parliament has set strict bail conditions, the court said, "43D(5) of UAPA departs from general provisions for grant of bail. It does not exclude judicial scrutiny or mandate denial of bail in default." "Apart from death or destruction, the provision encompasses acts that disrupt services and threaten the economy," it added.

The court said that in such cases, it becomes necessary to examine each appeal independently. "The record discloses that all the appellants do not stand on equal footing as regards culpability. The hierarchy of participation requires the court to assess each application individually... Umar Khalid and Sharjeel Imam stand on a qualitatively different footing as compared to other accused," the top court said.

Khalid and others moved the top court against the Delhi High Court's September 2 order denying them bail. The top court had issued notice to the police on September 22.

Khalid was recently granted interim bail to attend his sister's wedding. According to media reports, during his brief period on interim bail, Khalid stayed at home as he was not allowed to step out. He spent time with family and was with his nieces and nephews before returning to jail.

2020 Delhi riots case

The Delhi riots took place in February 2020 during protests against the Citizenship Amendment Act (CAA). The violence left 53 people dead and hundreds injured.

The Delhi police alleged that Khalid, along with Imam and others, were part of a larger conspiracy and charged them under several sections of the Indian Penal Code and the Unlawful Activities (Prevention) Act (UAPA). Khalid was arrested in September 2020.