The Supreme Court on Monday declined to grant bail to activists Umar Khalid and Sharjeel Imam in the alleged larger conspiracy linked to the 2020 Delhi riots, holding that the case against them crosses the legal threshold set under the Unlawful Activities (Prevention) Act (UAPA). At the same time, the top court extended relief to five other accused, allowing their release on bail.
A bench comprising Justice Aravind Kumar and Justice N.V. Anjaria ruled that the material placed by the prosecution indicates a prima facie case against Khalid and Imam, making them distinct from the remaining accused in the matter. According to the court, their alleged role is not peripheral but central to the prosecution’s case.
“The statutory bar under UAPA is clearly attracted in respect of Umar Khalid and Sharjeel Imam. At this stage, their release on bail is not legally justified,” the bench observed, adding that the duration of their incarceration alone cannot override the restrictions imposed by anti-terror legislation.
Five Accused Granted Bail
While rejecting the pleas of Khalid and Imam, the Supreme Court granted bail to five other activists accused in the same case—Gulfisha Fatima, Meeran Haider, Mohd Saleem Khan, Shifa Ur Rehman, and Shadad Ahmad—finding that the evidence against them stood on a different footing.
“Different Legal Standard Applies”
The bench underlined that cases involving allegations affecting national security require a stricter approach to bail. It clarified that when prosecution material supports the charges on the face of it, continued custody is legally permissible under UAPA. Conversely, bail becomes the norm only when such prima facie support is absent.
Importantly, the court noted that Umar Khalid and Sharjeel Imam do not satisfy the conditions for bail under Section 43D(5) of the UAPA, which restricts courts from granting bail if the accusations appear credible at the preliminary stage.
Liberty to Seek Bail Later
Although bail was denied, the Supreme Court allowed Khalid and Imam the liberty to move fresh bail applications after the completion of prosecution evidence, or alternatively, after one year—whichever is earlier.
