In a significant judicial and national development, the Supreme Court has denied bail to 2020 riot accused Umar Khalid and Sharjeel Imam but granted it to 5 others. For those unversed, the February 2020 riots in northeast Delhi left 53 people dead and more than 700 injured. Notably, the update that is getting more attention is the decision of the Supreme Court not granting bail to activists Umar Khalid and Sharjeel Imam. It should be noted that Umar and Sharjeel have spent five years in jail without bail.
Why was the bail denied to Umar and Sharjeel?
The Court cited ‘hierarchy of participation’ and said that all the accused do not stand on the same footings thus granted bail to Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohd Saleem Khan, and Shadab Ahmed, with conditions but refused the same to Khalid and Imam. the SC bench of justices Aravind Kumar and NV Anjaria granted bail to five other co-accused after drawing a clear distinction in the roles attributed to them by the prosecution.
No more bail plea for at least a year?
The court emphasised that bail determinations under the Unlawful Activities Prevention Act (UAPA) must be rooted in an individualised assessment because a “hierarchy of participation” was implicit in the case set up by the Delhi Police.
While some accused were alleged to have played subsidiary roles, Khalid and Imam were, according to the prosecution, involved in conceptualising and orchestrating the conspiracy. “All appellants do not stand on the same footing. The prosecution has ascribed different roles to them,” Justice Aravind Kumar noted.
Going by this distinction at the bail stage, the bench held that Khalid and Imam could not claim parity with the other accused.
The court granted them liberty to revive their plea for bail after the examination of protected witnesses or upon the completion of one year from the date of the ruling, whichever is earlier.
Umar Khalid’s partner says,’ Ab Yehi Zindagi Hai’
After jailed activist Umar Khalid was denied bail by the Supreme Court on Monday, his partner Banojyotsna Lahiri shared a brief personal exchange with him on social media.
Sharing his reaction on her X handle, Lahiri quoted Khalid as saying, “I am really happy for the others who got bail. So relieved.” When she told him that she would come the next day for “Mulaqat” (to meet) , Khalid replied, “Good, good, aa jana. Ab yahi zindagi hai.” Which roughly translates to, this is life now.
What happened in 2020 riot?
Communal violence erupted in northeast Delhi on February 24, 2020, amid protests against the Citizenship (Amendment) Act and the proposed National Register of Citizens. The clashes continued for several days and turned into one of the deadliest episodes of violence the capital has seen in decades.
More than 50 people, most of them Muslims, were killed, and over 700 others were injured. Investigators later alleged that the unrest was the result of a larger conspiracy rather than spontaneous violence.
Twenty individuals, including Umar Khalid, Sharjeel Imam and former Aam Aadmi Party councillor Tahir Hussain, were booked for their alleged roles in planning and inciting the riots.
