Umar Khalid, Sharjeel Imam move Supreme Court in 2020 riots case

The two have been in prison for over six years, while the prosecution has not examined any of the more than 900 witnesses listed in the case.

North-east Delhi 2020 riots accused and former JNU scholar Umar Khalid and student activist Sharjeel Imam have approached the Supreme Court for bail, saying the court’s one-year embargo imposed on January 5 is nearing, and the examination of protected witnesses is not expected to be over by then.

The Supreme Court had granted bail to five other accused in the 2020 Delhi riots conspiracy case on January 5, while keeping Khalid and Imam's pleas separate. (PTI)

The petitions filed on Wednesday rely on the court’s observations denying them bail in the 2020 Delhi riots conspiracy case, while giving them liberty to revive their prayer after the examination of protected witnesses or the expiry of one year, whichever is earlier.

The top court had held that the role attributed to the duo stands on a “qualitatively different footing” as it enlarged five accused persons on bail in the riots case while segregating the case of Khalid and Imam.

Both accused later approached the Delhi High Court, which turned down their bail plea on September 30, citing the one-year embargo fixed by the apex court.

Arguments Over Delay and Detention

Challenging the dismissal, the two have urged the top court to consider their current situation: they have remained incarcerated for over six years, and the prosecution has failed to examine even one of the more than 900 witnesses named in the case. According to the prosecution, 47 witnesses are protected.

The petitioners have argued that “no fair assessment can examination of protected witnesses be expected to commence, much less to conclude, before January 5, 2027, or for a considerable period thereafter.”

In such a scenario, it stated that “continued detention is no longer process-oriented and becomes punitive by reason of unreasonable and unjustified delay.”

Khalid has filed his plea through advocate N Sai Vinod, and Imam approached the top court through advocate Fauzia Shakil.

Trial Status and Other Accused

The two accused informed the top court that the case is at the stage of arguments on charge. They claimed that arguments on framing of charge ended on July 13, yet the trial has not proceeded because the trial judge has decided to await the outcome of a Supreme Court judgment on a co-accused’s plea to inspect unrelied documents. The top court reserved its judgment in this case on September 1.

The trial in the Delhi riots case involves 18 accused, and while Khalid and Imam remain in jail, the same order of January 5 granted bail to other accused, including Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohammad Saleem Khan and Shadab Ahmed.

The Delhi police have invoked UAPA and other provisions of the Indian Penal Code (IPC) against the accused. Of the 18, only 5, including the present petitioners, are in jail.

Background to the Delhi Riots Case

The riots followed a protest against the Citizenship (Amendment) Act 2019, on February 24, 2020, that coincided with the visit of then US President Donald Trump. Police alleged it was deliberately timed to garner international attention.

The Delhi police arrested Khalid on September 13, 2020, and he has since been languishing in prison. Imam, on the other hand, was arrested in January 2020 in a separate hate speech case in Bihar and was formally arrested in the Delhi riots case on August 25, 2020.

Frequently Asked Questions

Why have Umar Khalid and Sharjeel Imam approached the Supreme Court for bail?

When did the Supreme Court say Khalid and Imam could revive their bail pleas?

How many accused in the Delhi riots case remain in jail?

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