The Supreme Court will hear bail applications of activists Umar Khalid, Sharjeel Imam, and Gulfisha Fatima on September 12 after the Delhi High Court denied relief. The case relates to the alleged conspiracy behind the February 2020 Delhi riots.
NEW DELHI: The Supreme Court is set to hear the bail applications of activists Umar Khalid, Sharjeel Imam, and Gulfisha Fatima on September 12 in connection with the Unlawful Activities (Prevention) Act (UAPA) case tied to the alleged conspiracy behind the February 2020 riots in the national capital.
The activists had earlier approached the Delhi High Court seeking bail but were denied relief.
A bench comprising Justices Aravind Kumar and N V Anjaria is expected to examine the pleas of the activists, who have challenged the September 2 order passed by the Delhi High Court. The high court had refused bail to nine accused, including Khalid and Sharjeel Imam, citing the seriousness of the allegations.
In its order, the Delhi High Court stated that “conspiratorial” violence under the garb of demonstrations or protests by citizens couldn’t be allowed.
The bench emphasized that the nature of the alleged offenses warranted careful judicial scrutiny and that permitting bail could undermine public order and safety.
The February 2020 riots in Delhi had resulted in widespread violence and loss of life, and the UAPA case alleges a larger conspiracy behind these incidents. Activists Khalid, Imam, and Fatima have maintained their innocence while seeking judicial intervention for temporary release during the trial.
Their legal teams have argued that the accused have been cooperating with the investigation and that there is no risk of tampering with evidence or influencing witnesses.
The Supreme Court’s hearing is being closely watched by legal experts, civil rights activists, and the public, as it deals with critical issues of bail under anti-terror laws and the balance between civil liberties and national security.
The case has also drawn attention due to its implications for freedom of expression, protest rights, and the use of stringent laws like the UAPA against activists and dissenters.
As the matter comes before the apex court, the bench will consider the arguments presented by both the defense and the prosecution.
Observers expect that the court will closely examine the high court’s reasoning and the evidence presented before deciding whether temporary bail can be granted to the activists.
The Supreme Court’s decision could set an important precedent in how bail applications are treated in cases involving alleged conspiracies under UAPA, particularly when the accused are well-known activists involved in political or social movements.
Background:
Umar Khalid, a former student of Jawaharlal Nehru University (JNU), has filed a bail application with the Supreme Court in connection with the 2020 North East Delhi riots, a case registered under the Unlawful Activities Prevention Act (UAPA).
The riots, which erupted over protests against the Citizenship Amendment Act (CAA), left 53 people dead and many others injured. Khalid was arrested in September 2020 and faces multiple charges, including criminal conspiracy, rioting, and unlawful assembly, along with other offenses under the UAPA.
Khalid’s bail pleas have been repeatedly rejected. The trial court denied his request in March 2022, and the Delhi High Court refused his appeals in October 2022 and again on September 2, 2024.
The High Court highlighted his alleged involvement in instigating communal violence through inflammatory speeches, particularly noting his addresses in Amravati coinciding with the visit of then-US President Donald Trump.
The court also referred to the extensive evidence collected by the police, including a 3,000-page chargesheet and 30,000 pages of electronic records, emphasizing that the trial’s pace will proceed naturally.
Having remained in custody since his arrest, Khalid previously withdrew a Supreme Court bail petition in February 2024 due to changed circumstances, but following the latest High Court rejection, he has once again approached the Supreme Court.
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