2020 Delhi Riots Case: Police Oppose Fresh Bail Pleas by Umar Khalid, Sharjeel Imam

The Delhi Police have opposed the fresh bail pleas of activists Umar Khalid and Sharjeel Imam in the Delhi High Court in connection with the larger conspiracy case related to the February 2020 North-East Delhi riots.

In separate affidavits, the police described the applications as “misconceived and illegal” and argued that there has been no significant change in circumstances to warrant bail for either accused.

Police Invoke Supreme Court Ruling

The prosecution has relied heavily on the Supreme Court’s judgment in the Gulfisha Fatima v State (NCT of Delhi) case. The Delhi Police contended that the apex court had already upheld the statutory bar on bail under Section 43D(5) of the Unlawful Activities (Prevention) Act (UAPA) in the case of Khalid and Imam.

Although the Supreme Court granted bail to five other accused in that judgment, the police highlighted the court’s distinction between the alleged roles of the accused. According to the prosecution, Khalid and Imam were allegedly placed higher in the hierarchy of the conspiracy.

Delhi Police List Grounds for Opposing Bail

The prosecution has cited several reasons for seeking rejection of the fresh bail applications:

Alleged central role: Police alleged that Khalid and Imam were among the main conspirators behind the protests against the Citizenship Amendment Act and proposed NRC, which allegedly formed part of a plan that culminated in violence.

Conditions not fulfilled: The prosecution argued that the circumstances permitting a fresh bail request had not arisen, including conditions concerning the examination of protected witnesses or completion of a prescribed period.

Reliance on other rulings: Police opposed the defence’s reference to subsequent Supreme Court judgments, arguing that those decisions were unrelated and did not change the legal position governing the case.
Riots Case Continues

The larger conspiracy case stems from the communal violence that erupted in North-East Delhi in February 2020, in which 53 people were killed and more than 700 injured.

The Delhi Police Special Cell has accused several activists and student leaders of being part of a wider conspiracy linked to protests against the citizenship law. The accused have denied the allegations.

Khalid and Imam have been in custody since 2020 under the UAPA. Their fresh bail applications now place the issue before the Delhi High Court, which will consider the prosecution’s objections along with arguments from the defence.