In a significant development, the Supreme Court of India on Monday dismissed the bail applications of activists Umar Khalid and Sharjeel Imam, who are incarcerated in Tihar Jail under the stringent Unlawful Activities (Prevention) Act (UAPA) in connection with the 2020 Delhi riots.
Court Cites Prima Facie Case and Statutory Bar
A bench comprising Justices Aravind Kumar and NV Anjaria ruled that the prosecution material presented disclosed a prima facie case against both Khalid and Imam. The court stated this attracted the statutory bar to bail under Section 43D(5) of the UAPA. The bench clarified that the accused could renew their bail pleas after one year from the completion of the examination of protected witnesses.
The top court emphasized that not every accused in the case stands on the same footing. It noted that Khalid and Imam had a "formative role" in the alleged conspiracy, placing them on a different level in terms of parity and culpability. "This court is satisfied that the prosecution material disclosed a prima facie allegation against the appellants Umar Khalid and Sharjeel Imam. The statutory threshold stands attracted qua these appellants," the court observed.
Bail Granted to Five Other Accused with Strict Conditions
In a contrasting decision, the same bench granted bail to five other accused in the case: Mohd Saleem Khan, Shifa Ur Rehman, Athar Khan, Meeran Haider, and Shadab Ahmed. Their release was ordered subject to twelve strict conditions. All seven accused had challenged a Delhi High Court order from September 2, which had denied them bail.
The Supreme Court addressed arguments about prolonged incarceration, noting that in UAPA prosecutions, delay in trial does not operate as an automatic "trump card" to grant bail, displacing statutory safeguards. "Delay serves as a trigger for heightened judicial scrutiny," the court stated, adding that the UAPA's scheme reflects the understanding that such offences are rarely isolated acts.
Background of the Charges and Legal Journey
Umar Khalid, along with several others, has been charged for his alleged involvement in a conspiracy behind the communal riots that engulfed parts of Delhi in February 2020. The violence, according to the Delhi Police, resulted in 53 deaths and injuries to over 500 people.
Khalid was arrested in September 2020 and faces charges under multiple sections of the UAPA, including terrorist activity and conspiracy. He also faces charges under the Indian Penal Code for murder, rioting, sedition, and promoting communal enmity. Sharjeel Imam faces similar serious allegations.
During the hearing, the defence advocates primarily argued on the grounds of delay and the unlikelihood of the trial commencing soon, highlighting that their clients have been in custody for over five years. Contentions were also raised that there was no proof they instigated violence.
The Delhi High Court, in its September 2 order, had observed that the roles attributed to Imam and Khalid were "grave," noting they had delivered inflammatory speeches along communal lines to instigate mass mobilisation.
