Delhi riots: SC set to decide Umar Khalid, Sharjeel Imam bail pleas today; Police allege conspiracy
New Delhi: The Supreme Court on Monday will pronounce its verdict on bail pleas filed by Sharjeel Imam, Umar Khalid and several others in a case under the Unlawful Activities (Prevention) Act (UAPA) linked to the alleged larger conspiracy behind the 2020 north-east Delhi riots.
A bench comprising Justices Aravind Kumar and NV Anjaria will deliver its judgment on the bail pleas of Imam, Khalid, Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohd Saleem Khan and Shadab Ahmed. The apex court had reserved its verdict on December 10 after hearing detailed arguments from all sides.
Defence cites prolonged custody and trial delay
During the hearings, counsel for the accused primarily argued that the trial is unlikely to commence in the near future and highlighted prolonged incarceration. It was submitted that the accused have been in custody for over five years despite facing serious charges under the UAPA.
The defence also contended that, even after five years, there is no proof to show that the accused instigated violence during the riots.
Delhi Police opposes bail, alleges wider conspiracy
Opposing the bail pleas, the Delhi Police argued that the alleged offences amounted to a deliberate attempt to destabilise the state. It maintained that the events were not spontaneous protests but a well-orchestrated "pan-India" conspiracy aimed at "regime change" and "economic strangulation".
The police further submitted that the alleged conspiracy was planned to coincide with the official visit of the then US President to India, with the intention of attracting international media attention and globalising opposition to the Citizenship Amendment Act (CAA).
According to the prosecution, the issue of CAA was deliberately chosen as a "radicalising catalyst" and was camouflaged in the name of "peaceful protest".
Prosecution cites deaths, damage and nationwide spread
The prosecution stated that the "deep-rooted, premeditated and pre-planned conspiracy" allegedly led to the death of 53 people and caused large-scale damage to public property, resulting in the registration of 753 FIRs in Delhi alone.
It also claimed that evidence on record suggests the conspiracy was intended to be replicated and executed across the country. Reference was made to various WhatsApp groups, including the Delhi Protest Support Group (DPSG) and the Jamia Awareness Campaign Team.
Delhi Police argued that delays in the trial are attributable to the petitioners themselves and submitted that, with their cooperation, the trial could be concluded within two years.
High Court had termed role ‘grave’
On September 2, the Delhi High Court denied bail to Imam, Khalid and seven others — Mohd Saleem Khan, Shifa Ur Rehman, Athar Khan, Meeran Haider, Shadab Ahmed, Abdul Khalid Saifi and Gulfisha Fatima. On the same day, another High Court bench rejected the bail plea of Tasleem Ahmed.
The High Court observed that, prima facie, the role of Imam and Khalid in the alleged conspiracy was "grave", noting that they had delivered inflammatory speeches on communal lines to "instigate mass mobilisation of members of the Muslim community."
Arrests linked to 2020 violence
The accused approached the Supreme Court after the High Court rejection, seeking bail under the stringent provisions of the UAPA in the larger conspiracy case linked to the February 2020 riots.
In 2020, Delhi Police arrested Sharjeel Imam under the UAPA, naming him as the main conspirator in the case. The violence erupted during protests against the then-proposed Citizenship Amendment Act (CAA) and National Register of Citizens (NRC), leaving 53 people dead and more than 700 injured.