Delhi Riots Case – Court Reserves Order on Umar Khalid, Sharjeel Imam Bail Pleas
Delhi Riots Case – A Delhi court on Saturday reserved its decision on fresh bail applications filed by activists Umar Khalid and Sharjeel Imam in the larger conspiracy case connected to the 2020 northeast Delhi riots. The matter was heard by Additional Sessions Judge Sameer Bajpai, who considered submissions from both the prosecution and defence before reserving the order.
Defence Raises Concerns Over Prolonged Custody
Khalid and Imam have argued that their continued detention without the start of trial violates their constitutional right to personal liberty. Their lawyers submitted that both men have spent close to six years in custody, while charges are yet to be framed in the case.
The defence maintained that the lengthy delay in beginning the trial should be considered while deciding their bail requests. It also pointed to the scale of the case, which involves several accused persons, a large number of witnesses and extensive prosecution material.
Umar Khalid Cites New Legal Developments
According to PTI, Khalid told the court that his latest bail plea should be considered despite the Supreme Court rejecting his earlier request on January 5. He argued that later judicial developments had created a change in circumstances, allowing him to seek fresh relief.
His plea referred to observations made by the Supreme Court in a separate case in May, where the court reiterated that bail should remain the general rule, including in matters involving the Unlawful Activities (Prevention) Act. Khalid also relied on previous Supreme Court rulings, including Union of India vs K A Najeeb and Vernon Gonsalves vs State of Maharashtra.
The defence argued that legal restrictions under the UAPA should not take priority over constitutional safeguards when a trial is unlikely to finish within a reasonable period. Khalid further submitted that the case has not moved to the stage of framing charges despite his long period in judicial custody.
Sharjeel Imam Points to Lack of Progress
Imam made similar submissions in his bail application. He stated that there had been no major movement in the case even months after the Supreme Court declined to grant him bail.
According to the report, Imam said the proceedings had not reached the trial stage and that charges had still not been framed. His counsel argued that the continuing delay should be examined in light of the time he has already spent in custody.
Supreme Court Had Earlier Denied Relief
The fresh applications follow the Supreme Court’s January 5 order, in which bail was denied to Khalid and Imam in the UAPA case. However, the apex court granted bail to several co-accused, including Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohammad Saleem Khan and Shadab Ahmad.
At that time, a bench comprising Justices Aravind Kumar and N V Anjaria said there was a prima facie case against Khalid and Imam under the UAPA. The court also noted that the role of each accused person could not be assessed in the same manner, referring to what it described as a hierarchy of participation.
Case Linked to 2020 Northeast Delhi Violence
Khalid, Imam and several others face charges under the UAPA and provisions of the Indian Penal Code. Investigators have alleged that they were part of a wider conspiracy behind the violence that took place in northeast Delhi in February 2020.
The unrest occurred during protests related to the Citizenship (Amendment) Act and the proposed National Register of Citizens. Official records and reports stated that 53 people were killed and more than 700 others were injured during the violence.
The Delhi court is expected to pronounce its order on the bail pleas after completing its consideration of the arguments placed before it.