Supreme Court Denies Bail to Umar Khalid and Sharjeel Imam in Delhi Riots Case, Grants Conditions for Co-Accused
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The Supreme Court has rejected the bail plea of former JNU student Umar Khalid and activist Sharjeel Imam in a 2020 Delhi riots case, citing their alleged central roles in the conspiracy. The court ruled that prolonged incarceration alone cannot justify bail in cases governed by the Unlawful Activities (Prevention) Act (UAPA). In a split decision, the court granted bail to five co-accused, including Gulfisha Fatima, with stringent conditions, taking into consideration the subsidiary nature of the allegations against them. The court emphasized that each case must be assessed individually and that bail determinations under the UAPA must be rooted in an individualized assessment. Justice Aravind Kumar, writing for the bench, held that Khalid and Imam stood 'qualitatively on a different footing' from the other accused, underlining that criminal law does not mandate identical outcomes merely because allegations arise from a common transaction. The court rejected the argument that Khalid and Imam had remained in custody solely due to prosecutorial inertia, noting that the record did not support an overarching portrayal of a 'dormant trial' or 'unjustified delay.' The court clarified that the provision of UAPA does not oust judicial scrutiny or mandate denial of bail in every case, but requires courts to ascertain whether the statutory threshold is crossed before granting relief. The bench emphasized that courts must undertake a focused, accused-specific, and legally disciplined inquiry to determine whether the prosecution material discloses a prima facie case satisfying the statutory ingredients of the alleged offence. The five co-accused were granted bail subject to 12 conditions, including furnishing bonds of ₹2 lakh with two local sureties, remaining within Delhi, and refraining from contacting witnesses or making public statements or social media posts relating to the case. The court also urged the trial court to expedite the hearing of the case.
