NEW DELHI, Jul 4: A Delhi court on Saturday reserved its order on the bail applications filed by activists Umar Khalid and Sharjeel Imam in connection with the larger conspiracy case linked to the 2020 northeast Delhi riots.
Additional Sessions Judge Sameer Bajpai reserved the order after hearing detailed arguments from both the prosecution and the defence. The court is expected to pronounce its decision later in the day.
Both Khalid and Imam have sought bail on the grounds that their continued detention without the commencement of trial amounts to a violation of their fundamental right to personal liberty. Their legal teams argued that despite years in custody, the trial has not progressed meaningfully and charges are yet to be framed.
Umar Khalid, in his plea, contended that although his earlier bail application had been rejected by the Supreme Court, subsequent judicial observations and developments amount to a “change in circumstances,” making his fresh plea maintainable before the trial court.
His petition also referred to recent judicial remarks reinforcing that “bail is the rule” even in cases registered under the stringent Unlawful Activities (Prevention) Act (UAPA), arguing that prolonged incarceration without trial cannot be justified under such laws.
Sharjeel Imam, in his application, submitted that there has been no significant progress in the case even months after the Supreme Court’s earlier decision denying bail. He argued that he has remained in custody for nearly six years without trial, which violates constitutional safeguards.
Both activists also highlighted that charges have not yet been framed despite the long pendency of proceedings. They submitted that the complexity of the case, involving multiple accused, witnesses, and extensive documentation, makes it unlikely that the trial will begin in the near future.
Khalid further argued that delay in trial and continued incarceration constitute valid grounds for bail, citing past Supreme Court rulings including Union of India vs K.A. Najeeb and Vernon Gonsalves vs State of Maharashtra. These judgments, the plea stated, underline that statutory restrictions under UAPA cannot override constitutional rights when trial delays become excessive.
The case relates to the larger conspiracy allegations linked to the February 2020 riots in northeast Delhi, which erupted during protests against the Citizenship Amendment Act (CAA) and the proposed National Register of Citizens (NRC). The violence left 53 people dead and over 700 injured.
On January 5, the Supreme Court had denied bail to Umar Khalid and Sharjeel Imam in the case while granting relief to several co-accused persons. The apex court had observed that a prima facie case existed against the two activists under UAPA provisions and noted differences in the alleged roles of the accused.
A bench comprising Justices Aravind Kumar and N V Anjaria had also remarked that all accused cannot be treated equally, referring to a “hierarchy of participation” in the alleged conspiracy.
With the latest hearing concluded, the trial court’s decision is now awaited, which could determine the immediate custody status of the two activists in one of the most closely watched cases arising from the 2020 Delhi riots investigations.