A Delhi court has rejected fresh bail applications filed by activist Umar Khalid and student leader Sharjeel Imam in the larger conspiracy case related to the 2020 northeast Delhi riots.
The order was passed by Additional Sessions Judge Sameer Bajpai of the Karkardooma Court, who ruled that the applications were not maintainable in light of existing directions issued by the Supreme Court.
Khalid and Imam approached the trial court with fresh bail petitions after recent observations by the Supreme Court regarding the principle that “bail is the rule and jail is the exception,” even in cases registered under stringent laws such as the Unlawful Activities (Prevention) Act (UAPA).
The defence argued that both accused had spent more than six years in custody and that there had been little progress in the trial despite six months having elapsed since the Supreme Court rejected their earlier bail pleas in January.
Their counsel also pointed out that arguments on the framing of charges are yet to be completed, leading to prolonged incarceration without the commencement of trial.
The Delhi Police strongly opposed the fresh applications, arguing that the Supreme Court’s January 5 order rejecting bail remained binding until further clarification was provided by a larger bench of the apex court.
Police told the court that the legal issues raised in related cases had already been referred to a larger bench of the Supreme Court and that any reconsideration of bail would have to await that decision.
Investigators further maintained that both Khalid and Imam occupied a significant position in the alleged conspiracy behind the 2020 riots.
While rejecting the pleas, the court referred to the Supreme Court’s earlier order, which had stated that the accused could seek bail only after the examination of protected witnesses was completed or after the expiry of one year from the date of that order.
The court observed that it was bound by the apex court’s directions and could not independently entertain the applications.
“Following the said order of the Hon’ble Supreme Court, this Court cannot entertain the applications and grant bail to the applicants. The applications are not maintainable and are hereby dismissed,” the court said.
The fresh petitions came nearly six months after the Supreme Court rejected the duo’s earlier bail applications on January 5.
In that ruling, the apex court distinguished the roles allegedly played by Khalid and Imam from those of several co-accused. The court described their roles as “architectural” and “central” to the alleged conspiracy, placing them on a “qualitatively different footing” from other accused persons.
The observation became significant after the Supreme Court recently granted bail to five other accused in the case, including Gulfisha Fatima and Meeran Haider.
The Delhi Police has alleged that Khalid, Imam and several others were among the principal conspirators behind the violence that erupted in northeast Delhi in February 2020.
According to the prosecution, the riots were part of a pre-planned conspiracy linked to protests against the Citizenship (Amendment) Act (CAA) and the proposed National Register of Citizens (NRC).
The communal clashes claimed 53 lives and left more than 700 people injured, making it one of the deadliest episodes of violence witnessed in the national capital in recent years.
Khalid and Imam continue to remain lodged in Tihar Jail as proceedings in the larger conspiracy case move forward.
