Supreme Court to decide on bail pleas of Sharjeel Imam, Umar Khalid on Monday

New Delhi: The Supreme Court will pronounce its verdict on the bail pleas of Delhi Riots accused Sharjeel Imam, Umar Khalid and several of their alleged accomplices on Monday.

The accused have challenged the Delhi High Court order denying them bail in a case under the Unlawful Activities (Prevention) Act (UAPA) linked to the alleged larger conspiracy behind the 2020 north-east Delhi riots.

What has happened in the case so far?

Ahead of the verdict in the case related to the alleged larger conspiracy behind the Delhi riots, both the accused and the Delhi Police presented their arguments before the Supreme Court. During the hearing, the accused questioned the investigation and trial process, while the Delhi Police described it as a conspiracy to destabilize the country. The Supreme Court will deliver its verdict on this matter on January 5.

What have the lawyers said?

The lawyers for the accused told the court that there had been an unusual and unwarranted delay in the investigation of the case. Even after the FIR was registered, it took several years for the trial to begin, while the accused have been in jail for a long time. They alleged that the police repeatedly filed supplementary charge sheets, causing continuous delays in the trial and leaving the case pending indefinitely.

In Umar Khalid's case, the defense argued that he was not even present in Delhi at the time of the riots. They stated that there is no evidence of any weapon against him, no eyewitnesses, and no direct proof of him inciting violence.

What is Umar Khalid's side of the story?

The lawyers argued that the prosecution's entire case against Umar Khalid rests on a speech given on Amravati TV on February 17, 2020, which did not contain any incitement to violence. They also pointed out that while the FIR was registered in March 2020, supplementary charge sheets continued to be filed until June 2023, preventing the trial from starting for over three years.

Why is Sharjeel Imam in jail?

Regarding Sharjeel Imam, it was argued that he has been in jail since August 2020, even though the investigation was only declared complete in 2024. He is accused only of giving a speech in support of peaceful protest. The defense argued that dissent or protest cannot be considered a crime.

What is Shifa-ur-Rehman's case?

In Shifa-ur-Rehman's case, it was stated that he had no organizational role, did not give any inflammatory speeches, and was not involved in any violent activities. There is only limited digital evidence against them and two statements, which do not constitute an offense under a stringent law like the UAPA.

What arguments did the Delhi Police present?

The Delhi Police told the Supreme Court that the violence was not spontaneous but a well-planned and pre-meditated conspiracy. According to the police, it was part of a so-called 'regime change operation' aimed at destabilizing India and damaging the country's image on the international stage.

The police said the violence was deliberately orchestrated when then-US President Donald Trump was visiting India, to attract global attention. The police also claimed that the Citizenship Amendment Act (CAA) was deliberately chosen as a provocative issue and used as a pretext for the violence under the guise of peaceful protests.

According to the Delhi Police, witness statements, documents, and technical evidence connect the accused to this alleged larger conspiracy. The police also stated that the accused themselves are responsible for the delay in the trial. The Supreme Court is now considering the case after hearing arguments from both sides and reviewing the facts on record.