Delhi HC Denies Bail to Umar Khalid, Sharjeel Imam, and Others in 2020 Delhi Riots Conspiracy Case
It is alleged that Imam and Khalid are involved in a greater plot that resulted in the violence between the communities in northeast Delhi. More than fifty people were killed and hundreds injured in the violence.
Aadrika Tayal 
New Delhi (India) September 2: Umar Khalid, Sharjeel Imam, and seven other activists and former Jawaharlal Nehru University (JNU) students were denied bail by the Delhi High Court on Tuesday. This is in relation to the conspiracy case surrounding the 2020 Delhi riots.
Nine Activists, Including JNU Students, Denied Bail
Judges Navin Chawla and Shalinder Kaur's bench denied the bail requests of Mohd Saleem Khan, Shifa Ur Rehman, Athar Khan, Meeran Haider, Shadab Ahmed Abdul Khalid Saifi, and Gulfisha Fatima with Khalid and Imam. Imam and Khalid's bail requests have been ongoing since 2022.
Tasleem Ahmed is an additional accused in the same case. His plea was rejected by a different bench in a different ruling.
Activists to Challenge High Court Order in Supreme Court
The activists’ lawyers said that the order will be challenged in the Supreme Court. After a lower court denied them bail, the defendants in this case went to the high court.
They had maintained that their lengthy imprisonment was unjustified due to the trial's delay. They had already served more than four years in custody. The accused also claimed that they should be released on bail since they are on the same footing with their co-accused, Natasha Narwal, Devangana Kalita, and Asif Iqbal Tanha. They were granted bail by the high court in 2021.
CAA Protests Sparked Communal Violence in Delhi
In February 2020, communal rioting broke out in northeast Delhi over the Citizenship Amendment Act (CAA). Imam and Khalid were accused of being involved in this conspiracy. There were around 700 injuries and over 50 deaths from the violence.
Imam, Khalid, and others have been charged by Delhi Police with being the "masterminds" behind the violence. Charges were brought against the activists under the Unlawful Activities (Prevention) Act.
Khalid has been jailed since his arrest in September 2020. Khalid was given a short 7-day temporary bail last December so he could go to a family wedding.
Prosecution Alleges Planned Conspiracy Behind Riots
The prosecution, led by Solicitor General Tushar Mehta, contested their bail. He claims that riots were a "well-thought-out conspiracy" that had been planned with malicious intent.
Tushar Mehta claimed that Umar Khalid, Sharjeel Imam, and others planned to divide the country along religious lines. They were coordinating their efforts using WhatsApp groups. Mehta argues, “Those indulging in anti-national activities are not entitled to bail”.
Lawyers Highlight Gandhian Ideals in Defense Plea
Senior Advocate Trideep Pais is representing the accused. He contends that Umar Khalid's participation in the police-cited WhatsApp groups did not constitute wrongdoing. It is because he rarely ever wrote messages and only once provided the location of a protest. Pais also says that Khalid's talks were based on Gandhian ideals. He also denied any accusations of violence or fundraising.
The 2020 Delhi riots started in northeast Delhi. They were a result of demonstrations against the NRC and the Citizenship Amendment Act (CAA). 53 individuals were killed in the fighting.
