A Bench of Justices Aravind Kumar and NV Anjaria delivered the verdict.

The Supreme Court pronounced its judgment on Monday morning in the bail pleas filed by seven accused, including Umar Khalid and Sharjeel Imam, in the conspiracy case in relation to the 2020 North East Delhi riots.

The apex court denied bail to Umar Khalid and Sharjeel Imam. “This court is satisfied that the prosecution material disclosed a prima facie allegation against the appellants Umar Khalid and Sharjeel Imam. The statutory threshold stands attracted qua these appellants. This stage of proceedings do not justify their enlargement on bail,” the judgement read according to the Bar and Bench. 

A Bench of Justices Aravind Kumar and NV Anjaria delivered the verdict.

The bench of justices observed that Umar Khalid and Sharjeel Imam can move an application for the grant of bail after one year. 

“On completion of examination of protected witnesses or completion of one year from this order, these appellants may be at liberty to move an application for grant of bail,” the Supreme Court observed. 

Meanwhile, Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohd Saleem Khan, and Shadab Ahmad have been granted bail. 

The Supreme Court noted, “The grant of bail to these accused does not show a dilution of the allegations against them. They shall be released on bail subject to the following conditions (there are about 12 conditions). If conditions are violated, the trial court will be at liberty to cancel the bail after hearing the accused.”

“To disregard the distinction between the central roles played by some accused and the facilitatory role played by other accused would itself result in arbitrariness,” it added. 

“It is considered appropriate to direct that the trial court shall endeavour to ensure that examination of protected witnesses is carried forward without any delay. The trial should not be unnecessarily prolonged.
Trial should proceed with continuity,” it further added. 

Sarim Javed, lawyer for Gulfisha, speaking to the media, following the judgement, said, "We are happy that five people got bail today. They will be coming out of jail after 5.5 years. Umar Khalid and Sharjeel Imam have been given the liberty to apply for bail after one year. The police and trial have been directed by the court to run the case swiftly, and all the witnesses are to be examined within a year..."

North East Delhi riots occurred in February 2020 following clashes over the then-proposed Citizenship Amendment Act (CAA).  According to Bar and Bench, which cited Delhi Police, the riots caused the death of 53 persons and injured hundreds.

It has been alleged that the accused had hatched a larger conspiracy to cause multiple riots.

According to Bar and Bench, the FIR in this case was registered by a Special Cell of the Delhi Police under various provisions of the Indian Penal Code (IPC) and the UAPA. 

Bar and Bench report added that Khalid was arrested in September 2020 and charged with criminal conspiracy, rioting, unlawful assembly, as well as several other offences under the Unlawful Activities Prevention Act (UAPA).

Others were also booked in multiple FIRs leading to multiple bail petitions before different courts. 

(For more news apart from “Supreme Court denies bail to Umar Khalid, Sharjeel Imam; Gulfisha Fatima, others Granted," stay tuned to Rozana Spokesman.)