Supreme Court Denies Bail to Umar Khalid, Sharjeel Imam; Grants Bail to Five Others in Delhi Riots Case
The Supreme Court of India on Monday refused to grant bail to Umar Khalid and Sharjeel Imam in the Delhi riots “larger conspiracy” case. The Court said that the case records show a prima facie involvement of both under the Unlawful Activities (Prevention) Act, 1967 (UAPA).
At the same time, the Court granted bail to five other accused — Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohd. Saleem Khan, and Shadab Ahmed. The Court imposed twelve strict conditions on them, warning that any misuse of liberty could lead to cancellation of bail.
A Bench of Justice Aravind Kumar and Justice NV Anjaria clarified that Umar Khalid and Sharjeel Imam may apply for bail again after protected witnesses are examined or after one year.
The Court observed that the prosecution material suggests that Khalid and Imam played a “central and formative role” in planning and mobilisation, going beyond isolated or local actions. Because of this, the legal bar under Section 43D(5) of the UAPA applied to them, and their continued detention was held to be constitutionally permissible at this stage.
Importantly, the Court said that delay in trial cannot automatically justify bail in UAPA cases. However, judges must still examine whether the prosecution material, if taken at face value, makes out a prima facie case against each accused. This assessment must be specific to the individual and not based on a collective view.
The judgment also explained that the offence of “terrorist act” under Section 15 of the UAPA is not limited only to direct violence. Acts that disrupt essential services or threaten economic stability can also fall within its scope.
The Court emphasised that all accused persons cannot be treated equally. It held that Umar Khalid and Sharjeel Imam stand on a qualitatively different footing compared to others who were granted bail.
These appeals challenged a September 2025 judgment of the Delhi High Court, which had earlier rejected their bail pleas. Several of the accused have been in custody for over five years in connection with the 2020 Delhi riots case.
