When can Umar Khalid, Sharjeel Imam reapply for bail again in Delhi riots case? SC sets timeline after denying bail

The Supreme Court on Monday (5 January) set a clear timeline for Umar Khalid and Sharjeel Imam to reapply for bail after denying them relief in the alleged larger conspiracy case linked to the February 2020 north-east Delhi riots.

The apex court said, as per lawyer Sarim Javed, representing Gulfisha Fatima, one of the accused in the larger conspiracy case, that both accused can move a fresh bail plea after one year if the trial does not progress as directed, particularly the examination of protected secret witnesses.

SC denies bail but leaves window open

On Monday, the Supreme Court denied bail to Umar Khalid and Sharjeel Imam, observing that they stand on a “qualitatively different footing” compared to other accused, both in terms of prosecution case and evidence.

The court said their alleged roles were “central” to the offences. While acknowledging their prolonged incarceration, it held that this did not violate constitutional safeguards or override the statutory bar under the Unlawful Activities (Prevention) Act (UAPA).

Bail granted to five co-accused

At the same time, the Supreme Court granted bail to five other accused — Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohd. Saleem Khan and Shadab Ahmad — noting that their culpability, if any, appeared to be limited.

Lawyer Sarim Javed termed the decision a “massive relief” for the accused and their families.

‘Culpability at a lower level’

Speaking to ANI, Javed said the top court had clearly distinguished between the roles of the accused.

“The five who have been granted bail, the Supreme Court has said that their culpability, if any, is at a lower level,” he said.

Referring to Umar Khalid and Sharjeel Imam, Javed added that the court had deliberately refrained from commenting on their culpability at this stage.

“For the two, the Supreme Court has said that we are not commenting on their culpability, but because of the way the case is structured and keeping in mind the Constitution and the UAPA together, they have said that one more year should be given to complete the examination of protected secret witnesses,” he said.

One-year timeline set by court

Javed said the court has made it clear that if the prosecution fails to complete the examination of protected witnesses within a year, Khalid and Imam will be entitled to seek bail again.

“Even if that is not done, Umar Khalid and Sharjeel Imam can reapply for bail after one year. It’s a massive relief for them and their families,” he said.

2020 north-east Delhi riots case

Umar Khalid, Sharjeel Imam and others were arrested under stringent provisions of the UAPA in connection with the February 2020 north-east Delhi riots, which broke out during protests against the Citizenship Amendment Act (CAA) and the proposed National Register of Citizens (NRC).

The violence left 53 people dead and over 700 injured.

Imam was first arrested on 28 January 2020 for speeches made during anti-CAA protests and was later arrested in the larger conspiracy case in August 2020. Khalid was arrested on 13 September 2020.

All seven accused were booked under the UAPA and provisions of the Indian Penal Code (IPC) for allegedly being the “masterminds” of the riots.