&imwidth=800&imheight=600&format=webp&quality=medium "No bail for Umar Khalid, Sharjeel Imam in 2020 Delhi riots case, but 5 others to walk out of jail: Supreme Court")
The Supreme Court on Monday (Jan 5) denied bail to Sharjeel Imam and Umar Khalid in the 2020 Northeast Delhi riots case but allowed bail to several others including, Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohd. Saleem Khan, and Shadab Ahmad. The court observed that Umar Khalid and Sharjeel Imam stand on a “different footing when compared to the other accused.” It further added that it is satisfied that the “prosecution material disclosed a prima facie allegation against Khalid and Imam.” It has set 12 bail conditions for others, adding a caveat that “the grant of bail to these accused does not show a dilution of the allegations against them.”
The top court was declaring its verdict on the challenge to the Delhi High Court order denying them bail in a case under the Unlawful Activities (Prevention) Act (UAPA) linked to the alleged larger conspiracy behind the 2020 Northeast Delhi riots. A bench comprising Justices Aravind Kumar and NV Anjaria delivered its judgment. The apex court had reserved its verdict on December 10 after hearing detailed arguments from all parties.
What the court said?
The top court said that “delay serves as a trigger for heightened judicial scrutiny.” The court also stated, “Pre trial incarceration cannot be assumed to have the character of punishment. The deprivation of liberty will not be arbitrary. The UAPA as a special statute represents a legislative judgement as to the conditions on which bail may be granted in pre trial stage.” The top court in its judgement also said that 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.”
Case against Umar Khalid and Sharjeel Imam
Umar Khalid has been in custody since September 13, 2020, while Imam has been prisoned since January 28, 2020. The 2020 riots took place in February in parts of Northeast Delhi, following massive protests against the Citizenship (Amendment) Act (CAA). Soon after, Delhi Police investigating the case arrested several students and activists under stringent laws such as the Unlawful Activities (Prevention) Act (UAPA). The police alleged that their speeches contributed to escalation of violence and they were a part of the "larger conspiracy" that led to the riots. Sharjeel Imam's 'chicken's neck' speech and Khalid's 2016 JNU protest, became a premise for the cops to frame a case against them.
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Though the counsel appearing for the accused argued that hours-long speeches and WhatsApp chats have been edited and cherrypicked to create “prejudice” against them, the Delhi HC bench of justices Navin Chawla and Shalinder Kaur (since retired) held that the material collected by investigators prima facie pointed to a coordinated conspiracy, describing Khalid and Imam as the “intellectual architects” of the violence.
