In a significant development, the Supreme Court of India on Monday dismissed the bail pleas of student activists Umar Khalid and Sharjeel Imam in connection with the 2020 northeast Delhi riots conspiracy case. A bench of Justices Aravind Kumar and N.V. Anjaria upheld the earlier decision of the Delhi High Court, stating that the two accused do not stand on the same footing and their pleas were not merited.
The Core Arguments and Prolonged Incarceration
The accused had approached the apex court challenging the Delhi High Court's September 2 order, which had refused them bail. Their counsel argued that the petitioners have already suffered prolonged incarceration of over five years under the stringent Unlawful Activities (Prevention) Act (UAPA). They emphasised the uncertainty around the trial's commencement and contended that even after such a long period, no evidence had emerged to show the accused instigated violence during the riots.
Opposing the bail, the Delhi Police presented a starkly different narrative. They asserted that the alleged offences were part of a deliberate attempt to destabilise the state. The prosecution argued that the violence was not spontaneous but a result of a meticulously planned "pan-India conspiracy" with objectives of "regime change" and "economic strangulation."
The Alleged Conspiracy and Its Scale
The police claimed this conspiracy was allegedly timed with the official visit of the then US President to India, aiming to attract international media attention and globalise opposition to the Citizenship Amendment Act (CAA). According to the prosecution, the CAA was used as a "radicalising catalyst" under the guise of peaceful protest.
The charges are severe. The prosecution alleges this "deep-rooted, premeditated and pre-planned conspiracy" led to 53 deaths and extensive damage to public property, triggering the registration of 753 FIRs in Delhi alone. Evidence cited includes the alleged use of WhatsApp groups like the Delhi Protest Support Group (DPSG) and Jamia Awareness Campaign Team to replicate the plan nationwide.
High Court's Observations and Trial Delays
The Delhi High Court, in its September 2 order denying bail to Imam, Khalid, and seven others, had noted a prima facie case of a grave role. It observed that the accused had delivered inflammatory speeches along communal lines to instigate mass mobilisation.
Addressing the delay in trial, the Delhi Police submitted that the holdup was attributable to the accused themselves. They argued that with cooperation, the trial could be wrapped up within two years.
With the Supreme Court's verdict, the legal battle for bail for Umar Khalid and Sharjeel Imam in this high-profile case has reached a critical juncture, reinforcing the lower courts' stance on the seriousness of the allegations under the UAPA.
