- Umar Khalid, Sharjeel Imam seek Supreme Court bail in Delhi riots case.
- Previous SC order allowed renewed bail plea after one year.
- Petitioners highlight significant trial delays, unexamined protected witnesses.
- Cited recent UAPA ruling linking trial delays to bail.
Former Jawaharlal Nehru University (JNU) scholar Umar Khalid and student activist Sharjeel Imam have approached the Supreme Court seeking bail in the larger conspiracy case linked to the 2020 Delhi riots, arguing that the one-year embargo imposed by the top court on January 5 is nearing its end, while the examination of protected witnesses is unlikely to be completed by then.
In separate petitions filed on Wednesday, the two accused have relied on the Supreme Court’s observations while rejecting their bail pleas in the case. The court had granted them liberty to renew their applications after the examination of protected witnesses or the expiry of one year from the date of its order, whichever came earlier.
While granting bail to five other accused in the case, the Supreme Court had observed that the roles attributed to Khalid and Imam stood on a “qualitatively different footing”.
The court had stated, “We are of the opinion that on the completion of the examination of the protected witnesses relied upon by the prosecution, or upon the expiry of a period of one year from the date of this order, whichever is earlier, these two appellants would be at liberty to renew their prayer for grant of bail before the jurisdictional court.”
Delhi High Court Rejected Bail Pleas On September 30
Khalid and Imam subsequently approached the Delhi High Court, which rejected their bail applications on September 30, citing the one-year embargo imposed by the Supreme Court. A bench of Justices Pratibha M Singh and Dinesh Bhatt said it could not modify the top court’s order.
Challenging the High Court’s decision, the two have urged the Supreme Court to consider the current status of the proceedings, pointing out that they have remained in custody for six years and that the prosecution has not examined even one of the more than 900 witnesses listed in the case.
According to the prosecution, the case involves 47 protected witnesses.
Khalid has filed his petition through advocate N Sai Vinod, while Imam has approached the Supreme Court through advocate Fauzia Shakil.
Accused Cite Delay In Trial, Examination Of Protected Witnesses
The petitioners have told the Supreme Court that the case is currently at the stage of arguments on charges. They said arguments on the framing of charges concluded on July 13, but the trial has not progressed because the trial judge decided to await the outcome of a Supreme Court judgment on a co-accused’s plea seeking permission to inspect unrelied documents.
The Supreme Court had reserved its judgment in the matter on September 1.
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Arguing that the examination of protected witnesses is unlikely to begin in the near future, the petitioners stated, “on no fair assessment can examination of protected witnesses be expected to commence, much less to conclude, before January 5, 2027 or for a considerable period thereafter.”
They further argued that “continued detention is no longer process-oriented and becomes punitive by reason of unreasonable and unjustified delay.”
Khalid, Imam Refer To Supreme Court’s May 18 UAPA Ruling
The two accused have also cited a subsequent development following the Supreme Court’s January 5 order.
On May 18, another bench of the top court, while hearing an unrelated case concerning bail under the Unlawful Activities (Prevention) Act (UAPA), found fault with the January 5 decision and held that delays in trial should entitle an accused booked under the UAPA to bail.
The January 5 order was passed by a bench of Justices Aravind Kumar and NV Anjaria, while the May 18 judgment was delivered by a bench comprising Justices BV Nagarathna and Ujjal Bhuyan.
The bench headed by Justice Kumar responded to the criticism of its earlier order and, in view of the perceived conflict between the rulings, referred the matter to a larger bench. The reference was made while the court was considering the bail pleas of two other accused in the 2020 Delhi riots case, Tasleem Ahmed and Abdul Khalid Saifi.
Five Of 18 Accused Remain In Jail
The larger conspiracy case relating to the 2020 Delhi riots involves 18 accused. While Khalid and Imam continue to remain in jail, five others — Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohammad Saleem Khan and Shadab Ahmed — were among those granted bail by the Supreme Court’s January 5 order.
The Delhi Police have invoked the UAPA and other provisions of the Indian Penal Code (IPC) against the accused. Of the 18 accused, only five, including Khalid and Imam, remain in jail.
Umar Khalid, Sharjeel Imam Arrested In 2020
The riots took place on February 24, 2020, following protests against the Citizenship Amendment Act and coinciding with the visit of the US President. The police alleged that the violence had been deliberately timed to attract international attention.
Khalid was arrested by the Delhi Police on September 13, 2020, and has remained in prison since then.
Imam was arrested in January 2020 in a separate hate speech case in Bihar. He was subsequently formally arrested in the Delhi riots case on August 25, 2020.
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