Delhi Police Oppose Bail Pleas of Umar Khalid, Sharjeel Imam in 2020 Riots Case

The Delhi Police have opposed fresh bail applications filed by activists Umar Khalid and Sharjeel Imam before the Delhi High Court in connection with the larger conspiracy case linked to the February 2020 North-East Delhi riots.

In affidavits submitted to the court, the police described the petitions as “misconceived and illegal” and argued that there has been no material change in circumstances that would justify granting bail to either accused.

Police Rely on Supreme Court Ruling

The prosecution has based much of its opposition on the Supreme Court’s ruling in the Gulfisha Fatima v State (NCT of Delhi) case. The Delhi Police argued that the apex court had previously upheld the statutory restrictions on bail under Section 43D(5) of the Unlawful Activities (Prevention) Act (UAPA) in relation to Khalid and Imam.

While the Supreme Court granted bail to five other accused in that judgment, the police said the ruling distinguished the alleged roles of Khalid and Imam and placed them at a higher level in the alleged conspiracy.

Key Arguments Against Bail

The Delhi Police cited several grounds in opposing the fresh pleas:

Alleged role in conspiracy: The prosecution claimed Khalid and Imam were among the principal conspirators and alleged that they helped coordinate protests against the Citizenship Amendment Act and the proposed NRC, which authorities say later escalated into violence.

No change in circumstances: Police argued that the conditions under which fresh bail could potentially be sought have not been fulfilled. These included the examination of protected witnesses or the completion of a specified period, according to the prosecution.

Supreme Court precedents: The police also rejected the defence’s reliance on later Supreme Court judgments, arguing that those rulings did not alter the legal position applicable to the present case.
Case Linked to 2020 Delhi Riots

The larger conspiracy case concerns the violence that broke out in North-East Delhi in February 2020. The riots left 53 people dead and more than 700 injured.

The Delhi Police Special Cell has alleged that several activists and student leaders used protests against the citizenship law as part of a broader conspiracy to disrupt the city. The accused have denied the allegations.

Khalid and Imam have remained in custody since 2020 under provisions of the UAPA. Their latest bail applications have brought the prolonged legal battle before the Delhi High Court again, with the court now set to consider the prosecution’s objections and the defence’s arguments.