The Supreme Court on Monday rejected the bail pleas of Umar Khalid and Sharjeel Imam, who are currently lodged in Tihar Jail in connection with the 2020 Delhi riots case registered under the Unlawful Activities (Prevention) Act (UAPA). A bench comprising Justice Aravind Kumar and Justice N.V. Anjaria ruled that the prosecution material on record disclosed a prima facie case against both accused, thereby attracting the statutory bar on bail under Section 43D(5) of the UAPA.
Supreme Court Cites Prima Facie Evidence
While dismissing the bail petitions, the apex court observed that the material placed by the prosecution was sufficient at this stage to indicate their alleged involvement, making them ineligible for bail under the stringent provisions of the anti-terror law.
The court made it clear that it was not expressing any opinion on the merits of the case but was bound by the statutory framework governing UAPA cases.
Liberty to Seek Bail at a Later Stage
However, the Supreme Court granted liberty to Umar Khalid and Sharjeel Imam to apply for bail after one year, specifically after the completion of the examination of protected witnesses in the case.
This observation provides a future legal window for the accused to renew their bail requests once the trial progresses further.
Bail Granted to Five Other Accused With Conditions
In the same case, the Supreme Court granted bail to five other accused, while imposing twelve stringent conditions to ensure compliance with the law and prevent misuse of liberty.
The court emphasized that the conditions were necessary given the seriousness of the allegations and the nature of the charges involved.
Challenge to Delhi High Court Order
All seven accused had approached the Supreme Court challenging the Delhi High Court’s order dated September 2, which had earlier denied them bail. The apex court partly upheld the high court’s decision by refusing bail to Khalid and Imam, while granting relief to the remaining accused.
Background of the Case
Umar Khalid and Sharjeel Imam were arrested in connection with alleged conspiracies linked to the 2020 communal violence in northeast Delhi, which claimed several lives and caused extensive damage to property. The case is being prosecuted under various sections of the UAPA and the Indian Penal Code (IPC).
Current Status
With the Supreme Court’s latest ruling, Umar Khalid and Sharjeel Imam will continue to remain in judicial custody, while the trial in the case proceeds.
