Supreme Court postpones bail hearing for Umar Khalid & Sharjeel Imam in 2020 Delhi riots case

On Friday, September 19, the Supreme Court deferred the hearing on bail pleas filed by activists Umar Khalid, Sharjeel Imam, Gulfisha Fatima, and Meeran Haider to September 22.

These pleas pertain to the 2020 Delhi riots conspiracy case under the Unlawful Activities (Prevention) Act (UAPA). The bench postponed the matter, which contests the Delhi High Court’s September 2 order denying bail to nine accused, including Khalid and Imam, according to a report by The New Indian Express.

Delhi High Court’s decision

The Delhi High Court had previously ruled that violence disguised as protest cannot be permitted, citing national security and public order concerns.

It rejected bail for nine accused, including Mohd Saleem Khan, Shifa-ur-Rehman, Athar Khan, Abdul Khalid Saifi, and Shadab Ahmed, alongside Khalid, Imam, Fatima, and Haider. A separate High Court bench also denied bail to Tasleem Ahmed.

The court acknowledged the constitutional right to protest under Article 19(1)(a) but stressed that it is not absolute and must adhere to legal boundaries, stating, "Unfettered right to protest would damage the constitutional framework."

Case details and arrests

The prosecution noted that Delhi Police booked Sharjeel Imam under the stringent Unlawful Activities (Prevention) Act (UAPA). On January 28, 2020, he was arrested by the Delhi Police’s Crime Branch from Jehanabad, Bihar, in a sedition case for allegedly making inflammatory speeches at Jamia Millia Islamia University and Aligarh Muslim University. The activists have been in custody since 2020, with their bail pleas previously rejected by both a trial court and the Delhi High Court.

According to the Delhi Police, the clashes caused the death of 53 persons and injured over 700.