The Supreme Court on Thursday rejected bail applications of student activists Umar Khalid and Sharjeel Imam, citing sufficient evidence indicating their involvement in a criminal conspiracy linked to the 2020 Delhi riots.
Bail was granted to five other accused in the case: Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohd Saleem Khan, and Shadab Ahmed. All seven had approached the Supreme Court challenging the Delhi High Court order that denied them bail under the Unlawful Activities (Prevention) Act (UAPA), which addresses offences related to terrorism and unlawful activities.
A bench led by Justice Aravind Kumar read out a detailed judgment. The court emphasized that Khalid and Imam are on a “qualitatively different footing” compared to other accused. The bench explained that each bail application must be assessed individually, based on the hierarchy of participation in the alleged criminal conspiracy. It clarified that bail is not the forum for evaluating defences and highlighted the need for structured judicial enquiry to determine whether prima facie offences are disclosed and whether the accused’s actions are reasonably connected to the charges.
The Supreme Court also examined the applicability of Section 15 of the UAPA, which defines terrorist acts, including those endangering national unity, integrity, or economic security. Delhi Police argued that the offences by Khalid and Imam were deliberate, coordinated attempts to destabilize the state rather than spontaneous protests. Investigators claimed the conspiracy was planned to coincide with the US President’s visit to India, using the Citizenship Amendment Act (CAA) protests as a “radicalising catalyst” disguised as peaceful demonstration.
Imam surrendered to authorities in January 2020, while Khalid was arrested in September 2020 during the COVID-19 pandemic. Rights organizations, including Amnesty International, criticized the prolonged detention of the activists, now over five years, as an example of judicial delay. The riots had erupted during CAA and NRC protests, resulting in 53 deaths and over 700 injuries.
