New Delhi, January 5(HS): The Supreme Court of India on Monday refused bail to activists Umar Khalid and Sharjeel Imam in the 2020 Delhi riots conspiracy case, while granting bail to five other accused, emphasizing the “hierarchy of participation” and noting that not all defendants in the case stand on the same footing.

A bench comprising Justices Aravind Kumar and N V Anjaria observed that there was a prima facie case against Khalid and Imam under the stringent Unlawful Activities (Prevention) Act (UAPA), and that their alleged roles in the conspiracy extended beyond episodic or localised acts to include central planning and mobilisation.

The two will continue to remain in custody as the trial proceeds, while Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohd. Saleem Khan, and Shadab Ahmad were released on bail subject to certain conditions.

The court clarified that the delay in trial does not automatically override statutory safeguards or serve as a “trump card” for bail, especially in cases governed by the UAPA. The judgment underscored that each bail application must be assessed individually, considering the nature and degree of involvement in the alleged conspiracy.

Khalid and Imam, both prominent student leaders, have been in jail for over five years without a final conviction, facing serious charges under the UAPA and the Indian Penal Code in connection with the February 2020 Delhi riots, which erupted during protests against the Citizenship (Amendment) Act.

The Supreme Court also directed the trial court to expedite proceedings and indicated that Khalid and Imam may reapply for bail after one year or after the examination of protected witnesses.

Hindusthan Samachar / Jun Sarkar