The Supreme Court on January 5, 2026, rejected bail pleas of Umar Khalid and Sharjeel Imam in the “larger conspiracy” case linked to the 2020 Delhi riots. The court clarified that they cannot claim the same treatment as other accused, who were granted bail, because of the roles attributed to them by the prosecution.
Key Points from the SC Ruling:
- Hierarchy of Roles: The court noted a “hierarchy of participation,” with Khalid and Imam alleged to have been central to the conspiracy, while five other accused were considered to have played lesser roles.
- Bail Eligibility: Khalid and Imam can reapply for bail after one year from the ruling or once the examination of protected witnesses is complete, whichever is earlier.
- Statutory Bar: The bench emphasized that under the Unlawful Activities (Prevention) Act (UAPA), long incarceration alone does not entitle an accused to bail if a prima facie case exists.
- Distinct Treatment: Justice Aravind Kumar noted, “All appellants do not stand on the same footing. The prosecution has ascribed different roles to them.”
Background:
- Umar Khalid has been in custody since September 13, 2020.
- Sharjeel Imam has been jailed since January 28, 2020.
- The trial for the Delhi riots case is yet to begin, and both have spent over five years in prison.
Their lawyer, Sarim Javed, explained that while the court did not comment on their culpability, the structure of the case under UAPA necessitated a delay in bail consideration.
This ruling means Khalid and Imam will remain in custody for at least another year unless the witness examination process concludes sooner.