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BJP's praise for SC order on Umar Khalid, Sharjeel Imam; Cong MP's ‘fundamental right’ reminder: Who said what

A bench of Justices Aravind Kumar and NV Anjari refused bail to Umar Khalid and Sharjeel Imam, weeks after they challenged a Delhi HC order from September.

Published on: Jan 5, 2026, 14:35:01 IST
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Political reactions followed soon after the Supreme Court denied bail to activists Sharjeel Imam and Umar Khalid in the 2020 Delhi riots case, observing that allegations against them separate them from others accused in the case.

Supreme Court on Monday refused to grant bail to activists Umar Khalid and Sharjeel Imam in the 2020 Delhi riots conspiracy matter. (PTI)
Supreme Court on Monday refused to grant bail to activists Umar Khalid and Sharjeel Imam in the 2020 Delhi riots conspiracy matter. (PTI)

A bench of Justices Aravind Kumar and NV Anjari refused bail to the two accused, days after they challenged a Delhi High Court order from September in which they were also denied bail. While most leaders welcomed the Supreme Court order, some others criticised it.

Here's how leaders reacted to the verdict:

‘Will Congress apologise?’

BJP spokesperson Shehzad Poonawalla held a press conference after the big SC order, and accused the Congress of always “sympathising” with Umar Khalid and Sharjeel Imam.

“The ‘Tukde Tukde’ gang is pained by the decision. Umar Khalid and Sharjeel Imam were not merely receiving sympathies from the Congress and its ecosystem, but also letters from abroad," the BJP spokesperson said, further asking if the Congress would apologise for the support.

Poonawalla was referring to a letter by American lawmakers to an Indian envoy urging for "fair and timely trial" for Umar Khalid. New York mayor Zohran Mamdani also handed over a note to Khalid’s parents when he met them during their trip to the US recently.

‘Rioters were rewarded earlier’

Delhi Minister Manjinder Singh Sirsa also took a dig at Congress after the Supreme Court's order, saying rioters were rewarded in India when Congress was in power but that was no more the case.

“Rioters should get harsh punishment. During the Congress rule, the rioters were rewarded...During the rule of the BJP, rioters will stay in jail only...I thank the Supreme Court for sending this message...,” Sirsa said.

‘Riots after careful planning’

Delhi minister Kapil Mishra also welcomed the Supreme Court order, calling it “legally correct”. He claimed that the Supreme Court order showed that the bench also agreed that the riots were part of a well-planned conspiracy.

“The riots in Delhi were carried out after careful planning. Today, the Supreme Court’s verdict has also endorsed this understanding, confirming that these riots did not happen suddenly, but were carried out in Delhi after a long period of preparation,” Mishra was quoted as saying by news agency PTI.

‘Bail a fundamental right’

When asked about his views on the denial of bail, Congress MP Imran Masood refused to comment on the ruling but said that bail is a fundamental right.

“The Supreme Court has repeatedly stated that bail is a fundamental right, so if it is a fundamental right of a person, then that should also be considered…,” he told news agency ANI.

Congress's ‘Viksit Bharat’ dig, Unnao reference

Congress leader and Karnataka Minister Priyank Kharge took a dig at the country's judicial system, saying “people raising their voices” aren't granted bail but rapists are.

In a post on X, Kharge shared a picture with names of Unnao rape convict Kuldeep Singh Sengar among those writte in the ‘bail’ column and Umar Khalid and Sharjeel Imam's names written in the ‘jail’ column.

However, Kharge's post was made before the Supreme Court read out its verdict.

‘Against principles of natural justice’

The Communist Party of India (Marxist) criticised the Supreme Court's decision saying it went against the “principles of natural justice”. "The Supreme Court's denial of bail to #UmarKhalid and #SharjeelImam, who have spent over five years in jail under the draconian #UAPA without trial or conviction, is against the principles of natural justice. Prolonged pre-trial incarceration violates the fundamental principle that bail is the rule, not jail, and undermines the constitutional right to liberty and a speedy trial. The continued use of UAPA to target dissenting voices reflects a disturbing pattern of repression and selective justice. We reiterate our demand for the release of all political prisoners," the party posted on X.

Ex-minister flags ‘long incarceration’

Weighing in on the bail denial to Umar Khalid and Sharjeel Imam, former law minister Ashwani Kumar reportedly flagged the issue of long incarceration. Kumar agreed that the Supreme Court may have its reasons for distinguishing between cases, but also said: “The libertarians in this country today would be most unhappy because Umar Khalid and Sharjeel Imam have been in jail for a very long time, and the Supreme Court's own judgment say that long incarceration itself should be a consideration for the grant of bail. After all, there is no recompense for liberty once lost...,” news agency ANI quoted him as saying.

Why SC denied bail to activists?

Delivering its verdict on the bail pleas of those accused in the 2020 Delhi riots case, the Supreme Court bench noted that Umar Khalid and Sharjeel Imam stand on a "qualitatively different footing" as compared to the other accused, both in terms of prosecution and evidence.

"This court is satisfied that the prosecution material disclosed a prima facie allegation against the appellants Umar Khalid and Sharjeel Imam... This stage of proceedings does not justify their enlargement on bail," the apex court said.

The activists were earlier denied bail by the Delhi High Court and had moved the Supreme Court against that order.

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