Delhi, Jan 5: The Supreme Court on January 5 refused to grant bail to activists Umar Khalid and Sharjeel Imam in the alleged larger conspiracy case linked to the February 2020 Delhi riots, holding that a prima facie case under the Unlawful Activities (Prevention) Act (UAPA) was made out against them.
A bench of Justices Aravind Kumar and N V Anjaria, however, granted bail to five other accused in the same case — Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohd Saleem Khan and Shadab Ahmad — subject to conditions imposed by the court.
While denying bail to Khalid and Imam, the bench said it was satisfied that the prosecution material disclosed prima facie allegations against them and that the statutory threshold under the UAPA stood attracted at this stage, making their release on bail unjustified.
The verdict was reserved on December 10 after detailed submissions by both sides. Solicitor General Tushar Mehta and Additional Solicitor General S V Raju appeared for the Delhi Police, while senior advocates including Kapil Sibal, Abhishek Singhvi, Siddhartha Dave, Salman Khurshid and Sidharth Luthra represented the accused.
Khalid, Imam and others were charged under stringent provisions of the UAPA and sections of the erstwhile Indian Penal Code for allegedly being part of a “larger conspiracy” behind the communal violence that erupted in northeast Delhi in February 2020, leaving 53 people dead and over 700 injured. The riots occurred amid protests against the Citizenship (Amendment) Act and the proposed National Register of Citizens.
The accused had moved the apex court challenging a September 2 order of the Delhi High Court which had denied them bail. With the latest ruling, Khalid and Imam will continue to remain in judicial custody, while five co-accused will be released on bail.
