New Delhi, Jan 5: The Supreme Court on Monday declined to grant bail to Umar Khalid and Sharjeel Imam in the 2020 Delhi riots conspiracy case, holding that their alleged role was distinct from that of other accused, even as it allowed bail to five co-accused who have spent over five years in jail.
A bench comprising Justice Aravind Kumar and Justice N.V. Anjaria said that Khalid and Imam occupied a central position in the alleged conspiracy. “Umar Khalid and Sharjeel Imam stand on a qualitatively different footing as compared to other accused,” the bench said.
The court added that while Article 21 requires the state to justify prolonged pre-trial incarceration, the assessment of individual roles did not weaken the prosecution’s case of conspiracy.
Bail was granted to Gulfisha Fatima, Meera Haider, Shifa Ur Rehman, Md Saleem Khan and Shadab Ahmed, all of whom are facing charges under the UAPA and the Indian Penal Code.
The accused have been charged with criminal conspiracy, sedition, promoting enmity between groups and offences under Section 13 of the UAPA for allegedly questioning the sovereignty and integrity of India.
Delhi Police have described the riots as a “pre-planned” and “orchestrated” conspiracy carried out under the cover of protests during the visit of then US President Donald Trump in February 2020.
The violence broke out amid demonstrations against the Citizenship Amendment Act and the proposed National Register of Citizens, leaving dozens dead and hundreds injured.
The Supreme Court had reserved its judgment on the bail pleas on December 10.
