NEW DELHI — The Supreme Court of India on Monday issued a notice to the Delhi Police regarding the bail pleas of activists Umar Khalid, Sharjeel Imam, Gulfisha Fatima, Meeran Haider, and others in the 2020 Delhi riots conspiracy case. The activists, who have been booked under the stringent Unlawful Activities (Prevention) Act (UAPA), are challenging a Delhi High Court order that denied them bail on September 2.
A bench of Justices Aravind Kumar and N.V. Anjaria heard the petitions and scheduled the next hearing for October 7, allowing the Delhi Police time to file its response.
The hearing comes after two consecutive adjournments. On September 12, a different bench led by Justice Kumar had to defer the hearing, stating that the voluminous case records had reached their residences too late for a proper examination. The matter was also scheduled for September 19 but could not be heard.
Background and Arguments
The activists have been in jail since 2020 and are accused of being the “masterminds” behind the February 2020 riots in Northeast Delhi, which left 53 people dead and over 700 injured. The violence erupted during protests against the Citizenship (Amendment) Act (CAA) and the National Register of Citizens (NRC).
The Delhi High Court, in its order denying bail to nine accused including Khalid and Imam, had stated that “conspiratorial” violence under the guise of protests could not be permitted. The court acknowledged the right to protest as a fundamental right but stressed that it is “not absolute” and is subject to “reasonable restrictions.” The court noted that the roles of Sharjeel Imam and Umar Khalid, in particular, were “prima facie grave” in the alleged conspiracy due to their inflammatory speeches.
Lawyers for the petitioners argued for an early hearing, with Senior Advocate Kapil Sibal urging the court to hear the case before Diwali, expressing hope that the accused could be out on bail by the festival. He pointed out that it was “shocking” that the students had remained in jail for over five years without a completed trial.
Other activists who had their bail pleas rejected by the Delhi High Court include Mohd Saleem Khan, Shifa Ur Rehman, Athar Khan, Abdul Khalid Saifi, Shadab Ahmed, and Tasleem Ahmed. The accused have consistently denied the allegations against them.