Supreme Court issues notice in bail pleas by Umar Khalid, Sharjeel Imam, others in Delhi riots conspiracy case

The Supreme Court on Monday issued notice in the appeals filed by Umar Khalid, Sharjeel Imam, Gulfisha Fatima and Meeran Haider seeking bail in the larger conspiracy case under the Unlawful Activities Prevention Act (UAPA) in relation to the 2020 North East Delhi riots [Umar Khalid v. State of NCT Delhi].

A Bench of Justices Aravind Kumar and NV Anjaria said,

"We could not hear this on Friday since Justice Manmohan could not hear it."

When counsel appearing for the accused pointed out that they had been in jail for over five years, the Court said,

"Yes we will hear you and dispose it off...issue notice in all."

Senior Advocates Kapil Sibal and Abhishek Manu Singhvi appeared for the accused. Sibal urged the Court,

"Please hear this before Diwali so that we can be out before Diwali."

Singhvi added,

"Shocking that a student has to be behind bars for 5 years."

The Court agreed to list the matter on October 7.

Khalid and others moved the top court against the Delhi High Court's September 2 order by which they were denied bail.

The riots occurred in February 2020 following clashes over the then-proposed Citizenship Amendment Act (CAA). As per the Delhi Police, the riots caused the death of 53 persons and injured hundreds.

The present case pertains to allegations that the accused had hatched a larger conspiracy to cause multiple riots. The FIR in this case was registered by a Special Cell of the Delhi Police under various provisions of the Indian Penal Code (IPC) and the UAPA.

Most of the accused were booked in multiple FIRs, leading to multiple bail petitions before different courts. Most have been in custody since 2020.

Khalid was arrested in September 2020 and charged with criminal conspiracy, rioting, unlawful assembly as well as several other offences under the Unlawful Activities Prevention Act (UAPA).

He has been in jail since then.

The trial court had first denied him bail in March 2022. He then approached the High Court, which also denied him relief in October 2022, prompting him to file an appeal before the top court.

In May 2023, the Supreme Court sought the response of the Delhi Police in the matter. His plea before the top court was then adjourned 14 times.

On February 14, 2024, he withdrew his bail plea from the Supreme Court  citing a change in circumstances.

On May 28, the trial court rejected his second bail petition. Appeal against the same was dismissed by the Delhi High Court on September 2, prompting the present plea before the apex court.

Imam too was booked in multiple FIRs across several States, mostly under sedition and UAPA charges.

In the case registered over speeches he gave at Jamia Milia Islamia University and Aligarh Muslim University, he was granted bail by the Delhi High Court last year. In the sedition cases registered in Aligarh and Guwahati, he was granted bail by the Allahabad High Court in 2021 and the Gauhati High Court in 2020, respectively. He was also booked in FIRs in Arunachal Pradesh and Manipur.