Delhi riots case: Delhi HC reserves verdict on bail pleas of Umar Khalid, Sharjeel Imam

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The Delhi High Court on Wednesday reserved its order on bail pleas of Umar Khalid, Sharjeel Imam and others facing prosecution under the Unlawful Activities (Prevention) Act (UAPA) in connection with the alleged conspiracy behind the February 2020 Delhi riots.

A bench comprising Justices Navin Chawla and Shalinder Kaur reserved the order after hearing detailed arguments from both the prosecution and the defence.

The prosecution strongly opposed the bail pleas, maintaining that the riots were not spontaneous but rather the outcome of a well planned conspiracy.

Appearing for the prosecution, Solicitor General Tushar Mehta argued that the violence was aimed at tarnishing India’s image globally. “If you do anything against your nation, you better be in jail till you are acquitted,” he said, highlighting that prolonged incarceration alone does not warrant bail in such serious cases.

Representing Sharjeel Imam, his counsel contended that Imam was “completely disconnected” from the scene of the riots, the timeline, and the other co-accused, including Umar Khalid. It was also argued that Imam’s speeches and WhatsApp messages contained no calls to violence or unrest.

Imam, Khalid, and others have been booked under the UAPA and relevant provisions of the Indian Penal Code for allegedly being the “masterminds” of the northeast Delhi riots, which erupted amid protests against the Citizenship Amendment Act (CAA) and National Register of Citizens (NRC). The violence claimed 53 lives and left over 700 injured.

Sharjeel Imam was arrested on August 25, 2020, and along with other accused including Khalid Saifi and Gulfisha Fatima, has cited prolonged incarceration and parity with co-accused already granted bail in their challenge to the trial court’s refusal to release them.

The bail petitions have been pending since 2022 and have been heard by various benches of the high court over time.

The Delhi Police, opposing the bail applications, described the February 2020 communal violence as a result of a “clinical and pathological conspiracy.” They alleged that the speeches delivered by Imam, Khalid, and others instilled fear by invoking themes like CAA-NRC, Babri Masjid, triple talaq, and Kashmir, forming a common pattern.

The police further argued that in cases involving grave offences under the UAPA, the principle of “bail is the rule and jail is the exception” does not apply. They also asserted that there was no deliberate delay on the part of the prosecution in the trial court proceedings, stating that the right to a speedy trial is not an automatic entitlement.