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

New Delhi | Undercover Editor News Channel

The Supreme Court on Monday refused to grant bail to former student activists Umar Khalid and Sharjeel Imam in the Delhi riots “larger conspiracy” case, observing that the prosecution material establishes a prima facie case under the Unlawful Activities (Prevention) Act (UAPA), 1967.

At the same time, the apex court granted bail to five other accused persons — Gulfisha Fatima, Meeran Haider, Shifa-ur-Rehman, Mohd. Saleem Khan and Shadab Ahmed, while imposing stringent conditions to ensure compliance with the law and prevent misuse of liberty.

A Bench comprising Justice Aravind Kumar and Justice N.V. Anjaria delivered the verdict, making it clear that the role attributed to Umar Khalid and Sharjeel Imam places them on a qualitatively different footing from the remaining accused.

Why Bail Was Denied to Khalid and Imam

The Court noted that the material on record indicates a “central and formative role” played by Khalid and Imam in the alleged planning, mobilisation and strategic direction behind the 2020 Delhi riots. According to the Bench, their involvement appears to go beyond episodic or localised acts of violence.

Referring to Section 43D(5) of the UAPA, the Court held that the statutory threshold for denying bail was clearly met and that their continued detention has not crossed the limits of constitutional impermissibility.

However, the Court granted liberty to Khalid and Imam to renew their bail pleas after one year or after the examination of protected witnesses, whichever is earlier.

Bail Granted to Five Accused With Strict Conditions

While allowing bail to five other accused, the Supreme Court emphasised that trial delay alone cannot be used as a “trump card” to automatically grant bail in UAPA cases. Each accused’s role must be assessed independently.

The Bench imposed 12 strict bail conditions, including:

• Execution of a personal bond of ₹2 lakh with local sureties
• Mandatory residence within Delhi
• Surrender of passports
• Regular attendance at the Crime Branch police station twice a week
• Complete restriction on public statements, social media posts, rallies or meetings related to the case
• Prohibition on contacting witnesses or influencing proceedings

Any violation of these conditions would invite immediate cancellation of bail, the Court warned.

Key Legal Observations

The Court clarified that:

• Judicial scrutiny under UAPA is accused-specific
• Bail hearings are limited to assessing whether a prima facie case exists
• Defence arguments cannot be deeply examined at the bail stage
• Acts under Section 15 of UAPA are not limited to overt violence alone and may include actions that disrupt public services or threaten economic stability

Background of the Case

The accused were arrested in connection with the 2020 Delhi riots, which broke out during protests against the Citizenship Amendment Act (CAA). The prosecution alleges that the riots were part of a larger conspiracy, attracting charges under UAPA and the Indian Penal Code.

Both Umar Khalid and Sharjeel Imam have been in custody for over five years. Their bail pleas were earlier rejected by the Delhi High Court in September 2025, following which they approached the Supreme Court.

Senior advocates including Kapil Sibal, Abhishek Manu Singhvi, Siddharth Dave and Salman Khurshid appeared for the accused, while Solicitor General Tushar Mehta represented the Delhi Police.

Court Directs Expedited Trial

Acknowledging the prolonged incarceration, the Supreme Court directed the trial court to expedite the proceedings, underlining the need for balance between national security concerns and personal liberty.