Umar Khalid, Sharjeel Imam denied bail; 5 others get relief
What's the story
The Supreme Court has denied bail to Umar Khalid and Sharjeel Imam in the larger conspiracy case in relation to the 2020 Northeast Delhi riots. However, the bench of Justices Aravind Kumar and NV Anjaria granted bail to five others: Gulfisha Fatima, Meeran Haider, Shifa ur Rehman, Shadab Ahmed and Mohd Saleem Khan. The accused moved the SC after the Delhi High Court denied them bail in September. The top court then issued notice to the police on September 22.
SC
'Khalid, Imam stand on a qualitatively different footing'
While delivering the verdict, the court ruled that each accused's bail plea must be considered individually because the seven accused were not on an equal footing in terms of culpability. According to the court, such an examination found that defendants Khalid and Imam are on a different footing compared to the other five accused. "Umar Khalid and Sharjeel Imam stand on a qualitatively different footing as compared to other accused," the bench said.
Court
What the court said
The court also commented on the delay in trial, stating that it can serve as a trigger for judicial scrutiny even in cases involving offenses under the UAPA. The right to liberty under Article 21 requires the State to justify lengthy pre-trial detention, the court emphasized. It stated that, while bail is not routinely granted in UAPA cases, the law does not mandate denial of bail as a default and does not preclude the court's ability to allow bail.
Bench composition
Supreme Court bench to deliver verdict on multiple bail pleas
On December 10, the apex court reserved its verdict after detailed arguments from all parties involved in the case. The case pertains to allegations that the defendants plotted a bigger conspiracy to incite many riots. The Delhi Police Special Cell registered the FIR in this matter under various articles of the Indian Penal Code (IPC) and the UAPA. Most of the accused have been in custody since 2020.
Bail arguments
Accused argue for bail, Delhi Police opposes
During the hearings, advocates for the accused argued on delays and low chances of trial commencement. They said their clients have been in custody for over five years without proof of violence instigated by them. However, Delhi Police opposed the bail pleas, arguing that these were not spontaneous protests but a "pan-India" conspiracy aiming at "regime change" and "economic strangulation."
Conspiracy claims
Delhi Police alleges conspiracy planned to coincide with US visit
The Delhi Police also alleged that the conspiracy was planned to coincide with then-US President Donald Trump's visit to India. They claimed it was aimed at attracting international media attention and globalizing the Citizenship Amendment Act (CAA) issue. The prosecution said this "deep-rooted, premeditated and pre-planned conspiracy" led to 53 deaths, massive public property damage, and 753 FIRs registered in Delhi alone.
High court's decision
Delhi High Court previously denied bail to accused
The Delhi High Court had denied bail to Imam, Khalid, and seven others on September 2. The court observed that their role in the conspiracy was "grave," having delivered inflammatory speeches on communal lines to instigate mass mobilization of Muslims. Another accused's bail plea was rejected by a different high court bench on the same day.