SC puts off bail plea hearing of Imam, Khalid, co-accused in Delhi riots case to Sept 19

A bench of justices Aravind Kumar and NV Anjaria said it could not go through the voluminous case files, which reached their residences after Thursday midnight

The Supreme Court on Friday adjourned by a week the hearing on bail pleas filed by student activist Sharjeel Imam, former Jawaharlal Nehru University (JNU) scholar Umar Khalid, and other accused in the larger conspiracy case linked to the 2020 Delhi riots.

Imam, the first to appeal the high court order, has cited prolonged incarceration—five years and six months since his January 28, 2020 arrest—as grounds for bail. Khalid, arrested on September 13, 2020, has raised a similar argument. (HT Archive)

A bench of justices Aravind Kumar and NV Anjaria said it could not go through the voluminous case files, which reached their residences after midnight.

“We received the files in these matters at 2.30am,” the bench observed, referring to the case files of Umar Khalid, Sharjeel Imam, Gulfisha Fatima and Meeran Haider, and posted the hearing to September 19. The bail petitions have challenged a September 2 order of the Delhi high court, denying them bail.

Senior advocate Abhishek Manu Singhvi appeared for Imam while senior advocate Kapil Sibal represented Khalid. Sibal said, “Four matters are listed today before the court. They all arise from the same high court judgment.”

The high court bench of justices Navin Chawla and Shalinder Kaur (since retired) had dismissed the bail pleas of nine accused, holding that their roles in the conspiracy appeared “prima facie grave”.

Along with Khalid and Imam, the court denied bail to Gulfisha Fatima, Meeran Haider, United Against Hate founder Khalid Saifi, Athar Khan, Mohd Saleem, Shifa-ur-Rehman, and Shadab Ahmed under the Unlawful Activities (Prevention) Act (UAPA).

Imam, the first to appeal the high court order, has cited prolonged incarceration—five years and six months since his January 28, 2020 arrest—as grounds for bail. Khalid, arrested on September 13, 2020, has raised a similar argument.

Imam’s petition, filed through advocate Fauzia Shakil, points to repeated supplementary charge sheets, dozens of witnesses, and no clear timeline for the trial’s completion. It argues that lengthy pre-trial detention under the UAPA raises serious constitutional concerns regarding equality before law, free speech, speedy trial, and personal liberty.

Challenging the 133-page decision of the high court, the accused contend that systemic delays beyond their control amount to punishment without conviction, contrary to past Supreme Court rulings emphasising that an undertrial’s liberty is paramount.

The Delhi police had charged the accused under the Unlawful Activities Prevention Act, 1972 (UAPA) alleging that Khalid and Imam were the main conspirators in mobilising opposition against the Citizenship Amendment Bill (CAB), after it was passed by Parliament in December 2019.

The Delhi Police, represented by solicitor general Tushar Mehta and special public prosecutor Amit Prasad, have alleged that Khalid and Imam were the main conspirators in mobilising opposition to the Citizenship Amendment Act after its passage in December 2019. The high court cited extensive material—including WhatsApp chats, pamphlet distribution, and allegedly inflammatory speeches—while describing the two as “intellectual architects” of the conspiracy.

The riots coincided with then US President Donald Trump’s visit to Delhi. Police claim the violence was intended to project internationally that minorities were being targeted and discriminated against in India.