Delhi Court Reserves Order on Bail Pleas of Umar Khalid and Sharjeel Imam in Delhi Riots Conspiracy Case
Court likely to pronounce its decision later after hearing arguments from both the prosecution and the defence.
A Delhi court on Saturday reserved its decision on the bail applications filed by activists Umar Khalid and Sharjeel Imam in the larger conspiracy case connected to the 2020 northeast Delhi riots.
Additional Sessions Judge Sameer Bajpai completed the hearing after listening to submissions from both sides. The court indicated that the order is expected to be delivered later in the day.
Khalid and Imam have remained in judicial custody for nearly six years, while the trial in the case has not yet begun. In their latest bail applications, both argued that such prolonged detention without the framing of charges amounts to a violation of their constitutional right to personal liberty.
Khalid’s lawyers told the court that there has been a significant change in circumstances since the Supreme Court rejected his earlier bail plea on January 5. They referred to the Supreme Court’s observations made in May in another case, where the court reiterated that bail should generally be granted even in cases filed under the Unlawful Activities Prevention Act. The defence also argued that recent court rulings have raised concerns about extended detention under anti terror laws without the start of a trial.
Imam’s legal team argued that there has been little progress in the proceedings even six months after the Supreme Court’s previous order. They pointed out that the case involves a large number of accused persons, witnesses and documents, making it unlikely that the trial will begin anytime soon. On that basis, they argued that continued imprisonment is unjustified.
Both bail applications relied on important Supreme Court judgments, including Union of India vs K A Najeeb and Vernon Gonsalves vs State of Maharashtra. The defence submitted that while the UAPA contains strict bail conditions, those provisions cannot override constitutional protections when trials face unreasonable delays.
On January 5, the Supreme Court had denied bail to Khalid and Imam while granting relief to several other accused in the same case. At the time, the court said there was a prima facie case against both men under the UAPA and referred to their alleged role in the larger conspiracy.
The case is linked to the violence that broke out in northeast Delhi in February 2020 during protests against the Citizenship Amendment Act and the proposed National Register of Citizens. The riots left 53 people dead and more than 700 injured. Khalid, Imam and several others have been charged under the UAPA and various provisions of the Indian Penal Code for their alleged involvement in the conspiracy behind the violence.