‘Beyond localised acts’: Why SC denied bail to Umar Khalid and Sharjeel Imam in Delhi Riots Case

Supreme Court Verdict on Umar Khalid Bail plea LIVE: The Supreme Court denied bail to former JNU leaders Umar Khalid and Sharjeel Imam on Monday. Several other activists, also imprisoned under the stringent Unlawful Activities (Prevention) Act were granted bail with 12 conditions attached. The case is related to the alleged “larger conspiracy” behind the riots that happened in Delhi in 2020. The violence had killed at least over 50 people during protests against the Citizenship Amendment Act and the National Register of Citizens.

A SC bench led by Justice Aravind Kumar and Justice N.V. Anjaria had concluded the hearing of the appeals challenging a Delhi High Court order dated September 2. The High Court had previously refused bail in December 2025 to Khalid, Imam, Gulfisha Fatima, Meera Haider, Shifa Ur Rehman, Mohd. Saleem Khan and Shadab Ahmed. All the accused have been in jail for more than five years.

According to a LiveLaw report, the apex court had observed that prosecution materials prima facie disclosed “a central and formative role” and “involvement in the level of planning, mobilisation and strategic direction extending beyond episodic and localised acts”.

What did the court say today?

The Court cited a “hierarchy of participation” while denying bail to the two student leaders. It opined that all accused in the case do not stand on the same footing. A bench of Justices Aravind Kumar and N V Anjaria said there was a prima facie case against Khalid and Imam under the Unlawful Activities (Prevention) Act. Khalid and Imam can file fresh bail applications after the examination of protected witnesses or after one year from today. Activists Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohd. Saleem Khan and Shadab Ahmad have been given bail.

“All the appellants do not stand on equal footing as regards culpability. The hierarchy of participation emerging from the prosecutions case requires the court to examine each application individually. 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,” the apex court said.

Views and Counter-Views

Lawyers representing the accused had told the court that even after five years, there is still no evidence to show that their clients caused or encouraged violence during the riots. Senior advocates appearing for Gulfisha Fatima, Umar Khalid and Sharjeel Imam said the case against them does not prove that they played any role in inciting unrest.

Arguing for Gulfisha Fatima, senior advocate Abhishek Manu Singhvi said she has been in jail for nearly six years and remains the only woman accused who has not received bail. He pointed out that other co-accused, including Devangana Kalita and Natasha Narwal, were granted bail in 2021 despite facing similar or more serious allegations.

The Delhi Police opposed the bail pleas and played clips from Sharjeel Imam’s public speeches in court. The police said these speeches supported their claim that the accused had planned the riots with the aim of triggering communal violence and armed unrest to bring about a change in government. In its affidavit, the police stated that the alleged conspiracy led to 53 deaths, widespread damage to public property, and the registration of 753 FIRs in Delhi.

The prosecution, represented by Additional Solicitor General S.V. Raju, also accused the petitioners of deliberately slowing down the trial to later seek bail on the grounds of delay. He told the court that the trial could be completed within two years if the accused did not hold up the proceedings.

Delhi Police says riots were meant to spread across India

The Delhi Police had said that the evidence on record shows that the alleged conspiracy was meant to be copied and carried out across the country, not just in Delhi, reported ANI.

In earlier observations, the High Court had said that, at first glance, the alleged role of Sharjeel Imam and Umar Khalid in the wider conspiracy appeared serious. The court noted that they were accused of making provocative speeches along communal lines to mobilise large sections of the Muslim community.

Imam and Khalid later approached the Supreme Court seeking bail in the larger conspiracy case linked to the February 2020 Delhi riots. Sharjeel Imam was arrested by the Delhi Police in 2020 and was described by investigators as a key conspirator in the riots case.