SC issues notice on Umar Khalid, Sharjeel Imam's bail pleas
What's the story
The Supreme Court has issued notices on the bail pleas of Umar Khalid, Sharjeel Imam, Gulfisha Fatima, and Meeran Haider. The accused are seeking relief in a larger conspiracy case under the Unlawful Activities Prevention Act (UAPA) related to the 2020 North East Delhi riots. A bench of Justices Aravind Kumar and NV Anjaria took up the matter after it couldn't be heard earlier due to Justice Manmohan's recusal.
Bail plea
Accused have been in custody for over 3 years
The accused have been in custody for over three years, which their counsel highlighted during the hearing. Senior advocate Kapil Sibal, representing Khalid, urged the court to hear the matter before Diwali for possible release by then. Senior advocate Abhishek Manu Singhvi also emphasized Fatima's status as a student who has been incarcerated for over three years.
Previous ruling
Delhi HC rejected bail pleas on September 2
The Delhi High Court had earlier rejected the bail pleas of Khalid and others on September 2. The court had observed that the accused played "prima facie grave" roles in a premeditated conspiracy behind the riots. The violence during these protests left 53 dead and over 700 injured in February 2020, as per allegations by the Delhi Police, who claim these activists were "intellectual architects" of this violence.
Bail comparison
Accused seek parity with other activists granted bail earlier
The accused have also sought parity with activists Natasha Narwal, Devangana Kalita, and Asif Iqbal Tanha, who were granted bail in June 2021. However, the high court had distinguished their cases from those of Khalid and Imam. The court said that while protesting is constitutionally protected, the alleged conspiratorial violence attributed to these two was "prima facie" of a more serious nature.