Delhi riots: SC denies bail to Umar Khalid, Sharjeel Imam; grants relief to 5 others

The Supreme Court on Monday (January 5) rejected the bail pleas of activists Umar Khalid and Sharjeel Imam, while granting bail to Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohd Saleem Khan and Shadab Ahmad in the 2020 Delhi riots conspiracy case.

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A bench of Justices Aravind Kumar and NV Anjaria said Umar Khalid and Sharjeel Imam stand on a qualitatively different footing as compared to other accused. “On completion of examination of protected witnesses or completion of one year from this order these appellants may be at liberty to move an application for grant of bail,” said the court, as per a Bar and Bench report.

While granting bail to others, the apex court said, “The grant of bail to these accused does not show a dilution of the allegations against them. They shall be released on bail subject to the following conditions (there are about 12 conditions). If conditions are violated, the trial court will be at liberty to cancel the bail after hearing the accused.”

The court said that to “disregard the distinction between the central roles played by some accused and the facilitatory role played by other accused would result in arbitrariness,” while asserting that the cases against Khalid and Imam are different from those of the remaining accused.

The top court had reserved its verdict on December 10 after hearing arguments from the Delhi Police and the accused.

Police allege pre-planned conspiracy

Strongly opposing the bail pleas, the Delhi police had said the February 2020 riots were not spontaneous, but an “orchestrated, pre-planned and well-designed” attack on India's sovereignty.

Police had said that Sharjeel Imam's speeches can be attributed to other accused and can be used as evidence against them in the case.

Additional Solicitor General SV Raju had contended that all the participants are liable for each other's acts in a conspiracy. “Acts of one conspirator can be attributed to others. Sharjeel Imam's speeches can be attributed to Umar Khalid. Sharjeel Imam's case will be considered as evidence against the others,” he had told the bench, which conducted hearings on the bail pleas on multiple days.

The additional solicitor general had argued that Khalid deliberately planned to leave Delhi before the riots as he wanted to deflect responsibility.

Accused challenge terror charges

Seeking bail, Imam had expressed anguish before the apex court for being “labelled” a “dangerous intellectual terrorist”, without a full-fledged trial or a single conviction.

Senior advocate Siddharth Dave, appearing for Imam, had contended that he was arrested on January 28, 2020, which was before the communal violence rocked Northeast Delhi, for his speeches that alone cannot constitute the offence of “criminal conspiracy” in the riots case.

Also read | SC reserves verdict on bail for Umar Khalid, Sharjeel Imam in Delhi riots case

Khalid, Imam, Fatima, Meeran Haider and Shifa Ur Rehman have been booked under the stringent anti-terror law, Unlawful Activities (Prevention) Act, 1967 (UAPA), and provisions of the Indian Penal Code (IPC) for allegedly being the “masterminds” of the riots, which left 53 people dead and more than 700 injured.

According to Section 16 of the UAPA, “Whoever commits a terrorist act shall, if such act has resulted in the death of any person, be punishable with death or imprisonment for life, and shall also be liable to fine.” The violence erupted during widespread protests against the Citizenship (Amendment) Act (CAA) and the National Register of Citizens (NRC).

The accused moved the apex court, challenging the Delhi High Court's September 2 order denying them bail in the “larger conspiracy” case of the February 2020 riots.

(With agency inputs)