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On Monday, the Supreme Court rejected the bail pleas of Umar Khalid and Sharjeel Imam, who are currently incarcerated in Tihar Jail under the Unlawful Activities (Prevention) Act (UAPA) due to their alleged involvement in the 2020 Delhi riots.
Details of the Court’s Decision
The bench, comprised of Justices Aravind Kumar and NV Anjaria, stated that the prosecution presented sufficient evidence to establish a *prima facie* case against both Khalid and Imam, which invokes the statutory bar to bail under Section 43D(5) of the UAPA. The court emphasized that Khalid and Imam can only seek bail after one year, following the completion of the examination of protected witnesses.
Bail Granted to Other Accused with Conditions
In contrast, the Supreme Court granted bail to five other accused in the same case but imposed twelve strict conditions. All seven accused had previously challenged the Delhi High Court’s denial of bail on September 2.
Why the Supreme Court Rejected the Bail Pleas
The Supreme Court clarified that not every accused in the case is treated equally. Both Khalid and Imam are seen as having played a “formative role” in the alleged conspiracy. The court articulated, “Umar Khalid and Sharjeel stand on different footing; it’s essential to individually examine bail pleas to determine if pre-trial liberty is warranted.”
Legal Considerations and the UAPA
The court emphasized that the evidence presented by the prosecution against Khalid and Imam meets the statutory threshold, rendering their immediate release on bail unjustifiable. The UAPA is considered a special statute, thereby impacting the conditions under which bail is granted during the pre-trial phase. The court noted that a delay in trial does not automatically negate statutory safeguards and that offenses under the UAPA often go beyond isolated incidents.
Arguments Presented by the Defendants
Throughout the hearings, the advocates representing Khalid and Imam focused on the delays in trial and the improbability of the trial commencing soon. They pointed out that the defendants have been in custody for over five years and that no conclusive evidence has been presented to substantiate claims of instigating the riots.
Charges Against Umar Khalid
Khalid, along with multiple others, faces charges related to an alleged conspiracy behind the February 2020 communal riots in Delhi. He was arrested in September 2020 under several sections of the UAPA and the Indian Penal Code for serious offenses, including murder, rioting, and conspiracy.
Impact of the 2020 Delhi Riots
The Delhi Police reported that the violence resulted in the deaths of 53 individuals, with over 500 injuries. The Delhi High Court had previously rejected bail for Khalid, Imam, and several others on September 2, describing their roles in the conspiracy as *grave* and indicating that their inflammatory speeches were intended to incite mass mobilization among the Muslim community.
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