SC denies bail to Umar Khalid, Sharjeel Imam; international agenda dismantled

New Delhi: The Supreme Court on Monday refused to grant bail to activists Umar Khalid and Sharjeel Imam in the 2020 Delhi riots conspiracy matter, saying there was a prima facie case against them under the Unlawful Activities (Prevention) Act.

A bench of Justices Aravind Kumar and N V Anjaria, however, granted bail to activists Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohd. Saleem Khan, and Shadab Ahmad in the case.

“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. This stage of proceedings does not justify their enlargement on bail,” the bench said.

On December 10, the top court reserved its verdict on separate pleas of the accused after hearing arguments from Solicitor General Tushar Mehta and Additional Solicitor General S V Raju, appearing for Delhi police, and senior advocates Kapil Sibal, Abhishek Singhvi, Siddhartha Dave, Salman Khurshid and Sidharth Luthra, appearing for the accused.

Umar, Sharjeel and the other accused were booked under the Unlawful Activities (Prevention) Act (UAPA), an anti-terror law, and provisions of the erstwhile IPC for allegedly being the “masterminds” of the 2020 riots, which left 53 people dead and more than 700 injured in northeast Delhi.

The violence erupted during widespread protests against the Citizenship (Amendment) Act (CAA) and the National Register of Citizens (NRC).

The accused moved the apex court challenging a Delhi High Court order dated September 2 denying them bail in the “larger conspiracy” case of the February 2020 riots.

In the days leading up to the verdict, the case also drew international and political attention after New York City Mayor Zohran Mamdani wrote a handwritten note to Khalid, recalling his words on “bitterness”. The note was shared on X by Khalid’s partner Banojyotsna Lahiri, prompting the BJP to accuse Mamdani of “interfering” in India’s internal matter and to reiterate that the country has faith in its judiciary.

Separately, a group of US lawmakers wrote to India’s Ambassador to the US, Vinay Kwatra, urging that Khalid be granted bail and a “fair, timely trial in accordance with international law”. US Representatives Jim McGovern and Jamie Raskin were among eight lawmakers who flagged concerns over what they called prolonged pre-trial detention in cases linked to the February 2020 violence, and sought details of steps being taken to ensure proceedings meet international standards.