In a significant development, the Supreme Court of India on Monday denied bail to former Jawaharlal Nehru University (JNU) student leader Umar Khalid and activist Sharjeel Imam in the high-profile case concerning the alleged larger conspiracy behind the February 2020 Northeast Delhi riots. The apex court, however, granted conditional bail to five other accused in the same matter.
A Decision Based on 'Hierarchy of Participation'
A bench headed by Justice Aravind Kumar observed that Khalid and Imam stood on a 'higher footing in the hierarchy of participation' in the alleged conspiracy. The court stated it was required to examine the specific allegations against each accused, how they fit within the statutory framework of the Unlawful Activities (Prevention) Act (UAPA), and whether continued detention served a legitimate legal purpose at this stage.
For Umar Khalid, the bench noted that the prosecution's narrative and the evidentiary basis placed him at a 'different level' compared to the other accused who were granted bail. Khalid, who has been incarcerated since September 2020 under the stringent UAPA, is accused of being part of a conspiracy that led to the communal violence in Northeast Delhi, which resulted in 53 deaths and over 700 injuries.
Relief for Five Co-Accused, Exhaustion for Families
While denying bail to Khalid and Imam, the Supreme Court bench granted conditional bail to five other accused: Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohammad Salim Khan, and Shadab Ahmad.
Reacting to the mixed verdict, Banojyotsna Lahiri, Umar Khalid's partner, expressed a sense of weary resignation outside the courtroom. "This is how it has been for the past five years… We apply for bail in every court and hope it goes through, but it doesn't. Of course it's exhausting," she said. She added, "But for our friends who are inside the jail, it's worse for them." Lahiri did note a silver lining, stating, "We are happy that at least a few of them have got some relief."
Legal Arguments and Future Course
Khalid's legal team has consistently challenged the conspiracy charges, arguing that his speeches and protest activities are being retroactively woven together to construct a criminal case. During a hearing in October last year, it was pointed out that of the 751 FIRs registered in connection with the 2020 riots, Khalid was named in only one.
The Delhi Police Special Cell, in its chargesheet, has described Khalid as a 'veteran of sedition'. Despite the setback, Lahiri mentioned that the court indicated that if no fruitful trial progress is made, they could apply for bail again in a year. "We have faith in our judiciary," she stated, capturing the prolonged legal battle that lies ahead for Khalid and Imam, whose bail pleas have now been rejected at multiple judicial levels.
