SC seeks Delhi police response on bail for Umar Khalid, Sharjeel Imam

The Supreme Court on Monday (September 22) sought the Delhi police’s response to the bail pleas of student activists Umar Khalid, Sharjeel Imam, Gulfisha Fatima, Meeran Haider, and Shifa Ur Rehman in the larger conspiracy case under the Unlawful Activities (Prevention) Act (UAPA) linked to the 2020 Delhi riots.

A bench of Justices Aravind Kumar and NV Anjaria issued notice and posted the matter for October 7.

Also read: SC defers bail pleas of Umar Khalid, Sharjeel Imam in Delhi riots case till Sept 22

Early hearing sought

The bench said, "We could not hear this on Friday since Justice Manmohan could not hear it." The court noted the delay caused by Justice Manmohan’s recusal due to his past association with senior advocate Kapil Sibal, counsel for one of the petitioners.

When Senior advocate Abhishek Manu Singhvi, appearing for one of the accused, pointed out the activists have spent over five years in jail, the court assured, “Yes, we will hear you and dispose it off... issue notice in all.”

The petitioners urged for an earlier hearing, with Kapil Sibal, appearing for Khalid, requesting it be taken up before Diwali.

The matter has already seen two adjournments — on September 12, after voluminous case records reached the judges late at night, and on September 19, when Justice Manmohan recused.

HC verdict challenged

The activists approached the Supreme Court challenging a September 2 Delhi High Court order, which denied bail to nine people, including Khalid and Imam, saying "conspiratorial" violence under the garb of demonstrations or protests by citizens could not be allowed.

The High Court, while rejecting nine such bail pleas, held that the accused played “prima facie grave” roles in the alleged conspiracy.

The petitioners argue that prolonged incarceration caused by procedural delays violates their fundamental right to liberty and a speedy trial.

Also read: SC adjourns bail pleas of activists in 2020 Delhi riots case to Sept 19

Booked under UAPA

Khalid, Imam and the rest of the accused were booked under the Unlawful Activities (Prevention) Act (UAPA) and provisions of the erstwhile Indian Penal Code for allegedly being the "masterminds" of the February 2020 riots, which left 53 people dead and over 700 injured.

The violence erupted during the protests against the Citizenship (Amendment) Act (CAA) and the National Register of Citizens (NRC).

The accused, who have denied all the allegations against them, have been in jail since 2020 and had moved the high court after a trial court rejected their bail pleas.