Umar Khalid, Sharjeel Imam denied bail by SC in 2020 Delhi riots case

The Supreme Court said there was sufficient prima facie material to invoke UAPA against Umar Khalid and Sharjeel Imam, while granting conditional bail to five other accused in the case

The Supreme Court on Monday refused to grant bail to Umar Khalid and Sharjeel Imam in the 2020 Delhi riots conspiracy case, saying there was sufficient prima facie material to invoke the Unlawful Activities (Prevention) Act (UAPA) against them.

 

“This court is satisfied that the prosecution material disclosed a prima facie allegation against the appellants Umar Khalid and Sharjeel Imam. The statutory threshold stands attracted qua these appellants. This stage of proceedings does not justify their enlargement on bail,” the court said, as reported by Bar and Bench.

 

A Bench of Justices Aravind Kumar and NV Anjaria granted bail to other accused in the case, including Gulfisha Fatima, Meeran Haider, Shifa ur Rehman, Mohd Saleem Khan and Shadab Ahmad. However, the court imposed several conditions and said that if any of them were violated, the trial court would be at liberty to cancel the bail after hearing the accused.

 

No fresh bail plea for one year

The Supreme Court also ruled that Khalid and Imam cannot apply for a fresh bail plea for one year. “On completion of examination of protected witnesses or completion of one year from this order, these appellants may be at liberty to move an application for the grant of bail,” the court said.

 

Referring to the UAPA as a special law with stringent bail provisions, the Bench said, “Section 43D(5) of UAPA departs from general provisions for grant of bail. It does not exclude judicial scrutiny or mandate denial of bail in default.”

 

“Apart from death or destruction, the provision encompasses acts that disrupt services and threaten the economy,” it added.

‘Each appeal must be examined independently’

The court said in cases involving multiple accused, each appeal must be examined on its own merits. “The record discloses that all the appellants do not stand on equal footing as regards culpability. The hierarchy of participation requires the court to assess each application individually… Umar Khalid and Sharjeel Imam stand on a qualitatively different footing as compared to other accused,” the Bench said.

 

Khalid, Imam and others had approached the Supreme Court against a September 2, 2025 order of the Delhi High Court denying them bail. The apex court had issued notice to the Delhi Police on September 22.

 

Khalid was recently granted interim bail by a trial court to attend his sister’s wedding. He reportedly remained at home during the interim bail period as he was not permitted to step out and returned to jail after the bail period ended.

2020 Delhi riots case

The Delhi riots broke out in February 2020 during protests against the Citizenship Amendment Act (CAA), leaving 53 people dead and hundreds injured.

 

The Delhi Police has alleged that Khalid, Imam and others were part of a larger conspiracy behind the violence and charged them under multiple provisions of the Indian Penal Code and the UAPA. Khalid was arrested in September 2020.