UAPA – Delhi Court Reserves Order on Khalid and Imam Bail Pleas
UAPA – 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 with the 2020 northeast Delhi violence. The court heard submissions from the prosecution and defence before concluding arguments, with the order expected later in the day.
Arguments focus on prolonged custody
Additional Sessions Judge Sameer Bajpai considered the applications, in which both accused argued that their continued detention without the start of trial infringes their constitutional right to personal liberty. Khalid and Imam have each been in custody for nearly six years, while charges in the case are yet to be formally framed.
Khalid’s counsel submitted that his new bail request should be considered despite the Supreme Court’s earlier rejection of his plea on January 5. According to the argument, developments in later court rulings constitute a material change in circumstances and allow him to seek fresh relief.
The defence referred to observations made by the Supreme Court in a separate matter in May, where the court reiterated that bail should ordinarily be granted, including in cases brought under the Unlawful Activities (Prevention) Act. Khalid also relied on earlier Supreme Court rulings, including Union of India vs K A Najeeb and Vernon Gonsalves vs State of Maharashtra.
Defence cites constitutional safeguards
The submissions stressed that restrictions on bail under the UAPA cannot take precedence over constitutional protections where a trial is not likely to finish within a reasonable period. Khalid’s side told the court that the scale of the case could delay the beginning of trial, pointing to the number of accused persons, witnesses and prosecution records involved.
Imam made similar arguments in his application. He stated that there had been no substantial progress in the case even in the months following the Supreme Court’s January order. His plea said he has remained in custody for almost six years without trial and that the stage of framing charges has still not been reached.
The prosecution opposed the bail requests, while the defence maintained that the length of custody and the pace of proceedings should weigh in favour of granting relief. The court reserved its order after hearing both sides.
Supreme Court ruling remains central to case
The latest applications follow the Supreme Court’s January 5 decision declining bail to Khalid and Imam in the UAPA case. In the same order, the Supreme Court granted bail to several co-accused, including Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohammad Saleem Khan and Shadab Ahmad.
A bench comprising Justices Aravind Kumar and N V Anjaria had said there was a prima facie case against Khalid and Imam under the UAPA. The bench also observed that the role of every accused could not be assessed in the same manner, referring to what it described as a hierarchy of participation.
Charges relate to 2020 northeast Delhi violence
Khalid, Imam and several other accused face allegations under the UAPA as well as provisions of the Indian Penal Code. Investigators have alleged that they were involved in a broader conspiracy behind the violence in northeast Delhi in February 2020.
The unrest took place during protests over the Citizenship (Amendment) Act and the proposed National Register of Citizens. According to official accounts cited in the case, 53 people were killed and more than 700 were injured during the violence.
The Delhi court’s upcoming order will determine whether Khalid and Imam receive bail at this stage or remain in custody as the proceedings continue.