Delhi HC reserves verdict on Sharjeel Imam, Umar Khalid bail pleas

The prosecution has opposed the release of Sharjeel Imam, Umar Khalid and others charged under UAPA in the 2020 Delhi riots case, arguing the violence was pre-planned

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

 

A bench led by Justices Navin Chawla and Shalinder Kaur reserved the decision after hearing arguments from both sides.

 

The prosecution strongly opposed the bail pleas, arguing that the riots were not spontaneous but the outcome of a premeditated plan, according to a report by the Press Trust of India.

 

Solicitor General Tushar Mehta, appearing for the state, said: “It was a conspiracy to defame India on a global level, and mere long incarceration is no ground for bail.” He added: “If you do anything against your nation, you better be in jail till you are acquitted.”

 

Sharjeel Imam’s counsel argued that he was “completely disconnected” from the location, timing and other accused individuals, including Umar Khalid. The lawyer claimed that neither Imam’s speeches nor his WhatsApp messages incited violence.

Case background

Sharjeel Imam, Umar Khalid and several others have been charged under UAPA and various sections of the Indian Penal Code. They are accused of being the masterminds of the February 2020 riots in the national capital, which erupted during protests against the Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC). The violence led to 53 deaths and left over 700 injured.

 

Imam was arrested on August 25, 2020. While challenging the trial court’s denial of bail, Imam, Khalid and other accused have cited prolonged detention and claimed parity with co-accused who have already been granted bail.

 

The bail applications of Imam, Khalid Saifi, Gulfisha Fatima and others have been pending before the High Court since 2022. Different benches have heard the matter over the past two years.

Riots were result of ‘pathological conspiracy’: Police

The police have objected to the bail pleas of all the accused, calling the February 2020 violence a “clinical and pathological conspiracy”.

 

According to the police, speeches by Khalid, Imam and others followed a common pattern, referencing sensitive issues such as CAA–NRC, the Babri mosque, triple talaq and Kashmir to create fear and provoke unrest.

 

The prosecution argued that, given the serious nature of the allegations, the usual legal principle that “bail is the rule and jail is the exception” does not apply. They also submitted that there is no evidence to suggest intentional delay in trial proceedings and that the right to a speedy trial does not automatically warrant bail.