Delhi HC denies bail to Umar Khalid, Sharjeel Imam, and others in 2020 riots case

The Delhi High Court on Tuesday (September 2) rejected the bail pleas of activist Umar Khalid, Sharjeel Imam, and seven others accused in a UAPA case linked to the alleged conspiracy behind the February 2020 Delhi riots.

Also Read: In Delhi 2020 riots case, HC reserves order on bail pleas of Sharjeel Imam, Umar Khalid

Detailed order to follow

A division bench of Justices Navin Chawla and Shalinder Kaur delivered the verdict on the petitions filed by Khalid, Imam, Mohd Saleem Khan, Shifa Ur Rehman, Athar Khan, Meeran Haider, Abdul Khalid Saifi, Gulfisha Fatima, and Shadab Ahmed.

"All the appeals are dismissed," the bench said, noting that a detailed order will follow.

The court had reserved its decision on July 9, after hearing pleas pending since 2022, 2023, and 2024.

The accused have been in jail since 2020 and moved the high court against a trial court order dismissing their bail pleas.

'Well-thought-out conspiracy'

The prosecution opposed their bail pleas, arguing that the violence was not a case of spontaneous riots but the result of a “well-thought-out conspiracy” that was "planned well in advance" with a “sinister motive” aimed at tarnishing India’s image globally.

Solicitor General Tushar Mehta asserted, "If you do anything against your nation, you better be in jail till you are acquitted."

Imam's counsel, however, argued that he was "completely disconnected" with the place, time and co-accused persons, including Khalid, adding that his speeches and WhatsApp chats never called for any unrest.

Also Read: Umar Khalid gets interim bail for 7 days in 2020 Delhi riots case

Booked under UAPA

Khalid, Imam, and others were booked under the Unlawful Activities (Prevention) Act (UAPA) and various IPC provisions for allegedly being the "masterminds" of the February 2020 riots, which left 53 people dead and over 700 injured. The violence occurred during protests against the CAA and NRC. Imam was arrested on August 25, 2020.

While challenging the trial court orders refusing bail, Imam, Khalid, and others cited their long incarceration and parity with other co-accused who were granted bail.

The bail pleas of Imam, Saifi, Fatima, and others were pending in the high court since 2022 and were heard by different benches from time to time.

Also Read: 1400 days and counting: As Umar Khalid remains in jail, friends ‘document’ travesty of justice

Speedy trial not a 'free pass'

Delhi police opposed the bail applications of all accused, saying the communal violence of February 2020 was a case of "clinical and pathological conspiracy".

Speeches by Khalid, Imam and co-accused created a sense of fear with their common pattern of reference to CAA-NRC, Babri mosque, triple talaq and Kashmir, the police alleged.

The police maintained that in such serious offences, the principle of “bail is the rule, jail is the exception” could not apply, and denied deliberately delaying trial proceedings, stating that the right to a speedy trial was not a “free pass.”

(With agency inputs)