After the Supreme Court denied bail to Umar Khalid and Sharjeel Imam arrested in 2020 Delhi riots conspiracy case, Umar’s father Syed Qasim Rasool Ilyas reacted to the decision, saying, “I have no comment to offer. It is very unfortunate. The judgment is there, and I have nothing to say about it”. The bench hearing the bail plea composed of Justice Aravind Kumar and Justice NV Anjaria denied the bail and observed that there was a prima facie case against Khalid and Imam under the Unlawful Activities (Prevention) Act. Others arrested in the case, activists Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohd Saleem Khan and Shadab Ahmad were granted bail, but Umar and Sharjeel were denied bail.
Conditional bail to the accused of Delhi riots conspiracy case
While giving bail to Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohd Saleem Khan and Shadab Ahmad, the court noted that the bail does not mean that they have been acquitted from the serious case. 12 conditions for the release were also issued by court and warned that any breach in condition would lead to bail cancellation. While granting conditional bail, the apex court said that delay in trial cannot be used as a ‘trump card’ to override statutory safeguards. “All the appellants do not stand on equal footing as regards culpability. The hierarchy of participation emerging from the prosecution’s case requires the court to examine each application individually,” the bench noted, and added that roles attributed to them differ.
While denying bail to Umar Khali, court said, “This court is satisfied that the prosecution material disclosed a prima facie allegation against the appellants, Umar Khalid and Sharjeel Imam… This stage of proceedings does not justify their enlargement on bail,”.
What is the 2020 Delhi riots case?
In February 2020, violence erupted in northeast Delhi, leaving 53 people dead and some 700 injured. While opposing the bail, Delhi police said that the riots did not happen spontaneously, rather it was planned and was deliberately done to disturb the sovereignty of India.
Sharjeel Imam’s advocate Siddharth Dave argued that his client Imam was arrested on January 28, 2020, just before the violence erupted and his speeches cannot be considered criminal conspiracy. Five accused and Umar Khalid and Sharjeel Imam were booked under UAPA and provisions of the Indian Penal Code (IPC) for being the ‘masterminds’ behind the Delhi riots.
