New Delhi (IANS): The Supreme Court on Monday refused to grant bail to student activists Umar Khalid and Sharjeel Imam in the alleged “larger conspiracy” case linked to the 2020 Delhi riots, citing the statutory bar under the Unlawful Activities (Prevention) Act (UAPA).
Delivering the judgment, a Bench comprising Justices Aravind Kumar and Prasanna B. Varale held that the prosecution material disclosed a prima facie case against both accused. The court observed that the allegations fell under Section 43D(5) of the UAPA, which restricts the grant of bail in terror-related cases when a prima facie case is established.
However, the apex court granted relief to five other accused in the same case, offering them bail after examining their individual roles and the material placed on record. The ruling comes in a long-running legal battle related to the Delhi riots conspiracy case, which continues to draw national attention over issues of civil liberties, national security laws, and the prolonged incarceration of accused persons.
The Justice Kumar-led Bench observed that the prosecution evidence and other material “does not justify their enlargement on bail”, adding that the record suggested their involvement at the level of planning, mobilisation, and issuance of strategic directions.
However, the apex court granted bail to Gulfisha Fatima, Meeran Haider, Shifa-ur-Rehman, Mohd Saleem Khan, and Shadab Ahmed, all of whom have been in custody for more than five years. The Justice Kumar-led Bench said it was necessary to examine each bail application independently, since the record disclosed that the appellants did not all stand on equal footing with respect to culpability.
“The hierarchy of participation requires the court to assess each application individually,” the Supreme Court said, holding that Umar Khalid and Sharjeel Imam stood on a qualitatively different footing as compared to the other accused.
Earlier, on December 10, the Supreme Court had reserved its verdict on the batch of special leave petitions (SLPs) challenging the Delhi High Court’s refusal to grant bail to the accused in the 2020 riots “larger conspiracy” case.
Opposing the bail pleas, Solicitor General (SG) Tushar Mehta, appearing for the Delhi Police, had contended that the violence was not a spontaneous communal clash but a “well-designed, well-crafted, orchestrated and preplanned” attack on the sovereignty of the nation.
“This was not a spontaneous act of violence; this was an attack against the sovereignty of the nation,” the SG had argued, relying on speeches, WhatsApp chats, and other material to claim a “clear and discernible attempt to divide the society on communal lines”.
He had argued that the delay in the trial proceedings was attributable to the accused since they were “not cooperating” and “each of them argued for 4-5 days for opposing framing of charges”. “Now, in all cases where it’s difficult to defend on facts, the mechanism is to delay the trial and not to go into the merits and say ‘give me bail’. This has become a pattern,” SG Mehta added.
In September 2025, the Delhi High Court dismissed the bail pleas of Khalid, Imam, and several other accused in the case, observing that a prima facie case under the UAPA had been made out against them.
