The Supreme Court on Monday refused to grant bail to activists Umar Khalid and Sharjeel Imam in connection with the 2020 Delhi riots conspiracy case, citing a prima facie case against them under the Unlawful Activities (Prevention) Act (UAPA). The bench, comprising Justices Aravind Kumar and NV Anjaria, noted that the statutory threshold under Section 43D(5) of the UAPA applied to their case.

Following the court’s decision, Umar Khalid expressed acceptance of his situation, stating he was “happy and relieved” for others who secured bail. His partner, Banojyotsna Lahiri, quoted him on social media, saying, “Good good… Ab yahi zindagi hai” (“This is my life now”), highlighting his resignation to continued incarceration.

While Khalid and Imam were denied bail, the Supreme Court granted release to activists Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohd. Saleem Khan, and Shadab Ahmad. The bench observed that Khalid and Imam “stand on a qualitatively different footing” due to their alleged roles in planning and organising the riots.

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The 2020 northeast Delhi riots left 53 people dead and over 700 injured, with all seven accused booked under stringent UAPA provisions and the Indian Penal Code for allegedly acting as “masterminds” of the violence. The court emphasised that national security-related offences warrant a stricter bail framework, and delay in trial does not override statutory safeguards.

Khalid was arrested on September 13, 2020, while Imam was first taken into custody on January 28, 2020, in connection with speeches made during anti-CAA protests and later in a broader conspiracy case. Section 16 of the UAPA stipulates severe punishments, including life imprisonment or death, for terrorist acts resulting in fatalities.

The Supreme Court’s ruling underscores the careful balance between safeguarding national security and upholding individual liberties, as the court noted that bail may follow if prosecution allegations fail to meet statutory thresholds, but incarceration prevails when prima facie evidence indicates involvement in serious crimes.

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