Umar Khalid, Sharjeel Imam move Supreme Court against bail denial in Delhi riots case
New Delhi: Jailed activists Umar Khalid and Sharjeel Imam have filed separate petitions in the Supreme Court challenging the Delhi High Court’s September 30 decision denying them bail in the 2020 Delhi riots larger conspiracy case.
Both cited more than six years in custody as undertrials and delays in examining witnesses. They also said the one-year period set by the Supreme Court for fresh bail applications would end soon.
Petitions cite trial delay
Imam’s petition said the prosecution filed the chargesheet on September 25, 2020, against 18 accused. It listed over 900 witnesses, including 47 protected witnesses. He submitted that the prosecution had not examined a single witness.
Khalid argued that protected witnesses had not been examined and that further prolonged imprisonment would violate Article 21 of the Constitution, which protects life and personal liberty.
Earlier bail pleas rejected
The high court rejected their applications on September 30, saying judicial discipline required it to follow the Supreme Court’s January 5 order.
That order permitted fresh bail pleas after the examination of protected witnesses or the completion of one year, whichever came first.
The activists approached the high court after a trial court rejected their third bail applications on July 4. The trial court said it had “no option but to follow” the Supreme Court’s directions.
Before the high court, Khalid’s lawyer, senior advocate Trideep Pais, cited three “small changes in circumstances”. His submissions included the absence of framed charges and the failure to examine prosecution witnesses.
Police oppose release
Delhi Police opposed bail, alleging that Khalid and Imam were the “masterminds” of the violence. It argued that their alleged roles and risk profiles differed from those of other accused who received bail. On January 5, the Supreme Court upheld the denial of bail to both activists but granted relief to five co-accused.
Justices Aravind Kumar and N V Anjaria found a prima facie case against the two under the Unlawful Activities (Prevention) Act. The bench described them as alleged “ideological drivers” of the conspiracy.
Khalid has been in custody since September 2020 and Imam since August 2020. The February 2020 violence in northeast Delhi killed 53 people and injured more than 700. It erupted amid protests against the Citizenship (Amendment) Act and the proposed National Register of Citizens.