Supreme Court Denies Bail to Umar Khalid and Sharjeel Imam in Delhi Riots Case, Grants Bail to Five Others

The Supreme Court on Monday denied bail to Umar Khalid and Sharjeel Imam in the 2020 Delhi riots larger conspiracy case, citing a prima facie case under the Unlawful Activities (Prevention) Act, 1967, while granting bail to five co-accused—Gulfisha Fatima, Meeran Haider, Shifa-ur-Rehman, Mohd. Saleem Khan, and Shadab Ahmed. The 142-page judgment, authored by Justice Aravind Kumar, addresses key legal and constitutional issues.

According to details received by The Chenab Times, the bench, comprising Justices Aravind Kumar and N.V. Anjaria, analyzed prosecution materials indicating Khalid and Imam’s central roles in planning and mobilization, justifying their continued detention under Section 43D(5). LiveLaw reported the court allowed them to reapply for bail after protected witness examination or one year from January 5, 2026.

Key Points of the Verdict:

• Individualized Assessment: The court rejected a collective approach, assessing each accused’s role independently to avoid unjust pretrial detention.
• Section 43D(5) Interpretation: Trial delays do not automatically grant bail in UAPA cases; judicial scrutiny remains accused-specific, focusing on prima facie evidence without delving into defense arguments.
• Broad Definition of ‘Terrorist Act’ (Section 15): The court expanded the scope beyond violence to include disruptions to services and economic threats, aligning with statutory intent.
• Differentiated Culpability: Khalid and Imam were distinguished from others due to their strategic involvement, contrasting with the episodic roles of bailed accused.
• Bail Conditions: The five granted bail face 12 stringent conditions, including:

1. Must not leave the National Capital Territory without prior court permission.
2. Required to report to the investigating officer weekly.
3. Prohibited from contacting prosecution witnesses.
4. Must surrender passports and not apply for new travel documents.
5. Restricted from participating in public protests or rallies.
6. Required to provide mobile number and location access to authorities.
7. Must not use social media to influence the case.
8. Bound to attend trial proceedings without fail.
9. Prohibited from tampering with evidence or influencing co-accused.
10. Must reside at the address furnished to the court.
11. Liable for immediate re-arrest if conditions are breached.
12. Subject to electronic monitoring if deemed necessary by the trial court.

• Trial Directive: The court ordered the trial court to expedite proceedings to ensure timely justice.

The petitions challenged a September 2, 2025, Delhi High Court order denying bail. Khalid and Imam, in custody over five years, face UAPA and IPC charges for the alleged conspiracy behind the February 2020 riots. Senior advocates Kapil Sibal, Abhishek Manu Singhvi, Siddharth Dave, Salman Khurshid, Siddharth Agarwal, Siddharth Luthra, and Gautam Kazhanchi represented petitioners, while Solicitor General Tushar Mehta and Additional Solicitor General S.V. Raju appeared for Delhi Police.

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