New Delhi: The Supreme Court has denied bail to activists Umar Khalid and Sharjeel Imam in connection with the February 2020 Northeast Delhi riots, while granting conditional bail to five other accused. The court held Khalid and Imam occupied a higher position in the alleged conspiracy, based on the prosecution narrative and material placed before it.
A bench led by Justice Aravind Kumar granted bail to Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohammad Salim Khan, and Shadab Ahmad. The judges stressed the need to assess each accused individually. They said courts must examine attribution, statutory ingredients, and the purpose of continued detention, to prevent pretrial custody from turning automatic.
The order stated that differentiation among accused remains a constitutional discipline within conspiracy law. The bench said the material presented placed Khalid and Imam on a qualitatively different footing, both in evidentiary basis and alleged role. According to the court, the prosecution material suggested their involvement extended to planning, mobilisation, and strategic direction, rather than isolated acts.
The bench held that this level of attribution met the threshold under Section 43D(5) of the Unlawful Activities Prevention Act. This provision restricts bail where accusations appear prima facie true after court review of case records.
Khalid, a former JNU student, faces charges under UAPA linked to riots that left 53 people dead and hundreds injured. He was arrested in 2020 and remains in custody. During earlier hearings, his counsel argued he was named in only one FIR out of 751 registered cases and was not present in Delhi during the violence. The defence also pointed to the absence of weapon recoveries.
The Delhi High Court earlier held Khalid and Imam acted early after the Citizenship Amendment Bill passage by organising protests and blockades. It described them as key planners within the alleged conspiracy.
