The Supreme Court denied bail to Umar Khalid and Sharjeel Imam in the 2020 Delhi riots case, citing their 'qualitatively different footing' in terms of evidence. However, the apex court granted bail to five other accused in the same case.
The Supreme Court on Monday denied bail to Umar Khalid and Sharjeel Imam in a case linked to the alleged larger conspiracy behind the 2020 north-east Delhi riots, while granting bail to five other accused, observing that the two stand on a "qualitatively different footing" in terms of prosecution and evidence.
The apex court granted bail to Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohd Saleem Khan and Shadab Ahmad, noting that their culpability, if any, appeared to be limited in nature. However, it declined to extend similar relief to Umar Khalid and Sharjeel Imam.
Reacting to the apex court decision, Shifa Ur Rehman's wife welcomed the Supreme Court's decision and expressed hope that the remaining two accused would also get relief. Speaking to ANI, she said, "We welcome the judgment of the Supreme Court and thank the lawyers. May Umar Khalid and Sharjeel Imam also get bail at the earliest."
Lawyer Sarim Javed, representing Gulfisha Fatima, termed the bail order for the five accused a "massive relief" for them and their families. He said the top court had clearly distinguished between the roles of the accused. Speaking to ANI, Javed said, "The five who have been granted bail, the Supreme Court has said that their culpability, if any, is at a lower level and for the two that have not been granted bail, SC has said that we are not commenting on their culpability but because of the way it is structured, in the fitness of things and judging the constitution as well as the UAPA together, they have said that one more year to come in all protected secret witnesses and even if they can't do that Umar Khalid and Sharjeel Imam can reapply for bail after one year. It's a massive relief for them and their families."
Political Reactions to the Verdict
Following the bail rejection, Bharatiya Janata Party (BJP) leaders "demanded an apology" from the Congress party and from the leaders who had previously shared platforms with Umar Khalid and Sharjeel Imam.
Speaking to ANI, BJP spokesperson Shehzad Poonawalla demanded an apology from the Congress party for "defending" Umar Khalid and Sharjeel Imam. He claimed that the Supreme Court's observations showed the Delhi riots were not spontaneous. "Today we would say Satyamev Jayate. The Supreme Court has denied bail to the poster boys of the 'Tukde Tukde Gang', Umar Khalid and Sharjeel Imam, whose role in the Delhi riots and charges against UAPA have been prima facie found to be true. It shows that the Delhi riots were not organic but organised, not spontaneous but sponsored. Unfortunately, the Congress Party continued to defend Sharjeel and Umar. These people who wanted to cut and dissect India into pieces. Today they must apologise. The Congress Party and its ecosystem must apologise today," Poonawalla said.
Launching a sharp attack on political leaders who had previously shared platforms with Sharjeel Imam, Delhi Minister Ashish Sood called it "shameful" and demanded an apology to the nation. "It is shameful that various leaders of the assembly shared the stage with Sharjeel Imam. They all should apologise to the nation," Sood told ANI. He added, "Sharjeel Imam has conspired to break this country. The way the Supreme Court's decision is being discussed in the context of his bail, it is unfortunate that some people of this Parliament have also shared the stage with Sharjeel Imam."
Drawing a distinction between dissent and what he described as anti-national activities, Sood said, "You may be allowed to oppose the government. You may be allowed to oppose the head of the government. You may be allowed to oppose the policies of the government. But how can anyone allow you to break India?"
BJP MP and Bar Council of India Chairman Manan Kumar Mishra supported the Supreme Court's decision, saying the order was well-reasoned and would help the investigation. Speaking to ANI, Mishra said, "The Supreme Court has given a very reasoned order. The Supreme Court, while rejecting bail, said that the 'conspiracy' of these two persons is prima facie established; therefore, bail cannot be granted in this situation. Certainly, when they remain inside jail, and the investigation will gain momentum."
Shiv Sena leader Shaina NC also welcomed the decision, linking it to India's stance against terrorism. "We welcome the judiciary's decision because India's policy has always been one of zero tolerance towards terrorism, terrorist organisations, or those who support terror, and when such a decision comes, it empowers the government and the people of India collectively to fight against terrorism," she told ANI.
Opposition Questions Ruling
On the other hand, Shiv Sena (UBT) MP Priyanka Chaturvedi also expressed concern over the Supreme Court's decision to reject the bail pleas of Umar Khalid and Sharjeel Imam in the Delhi riots case, asserting that the two had been in jail for the past five years without knowing the charges against them.
Further, opposition leaders also criticised the judicial system after the bail denial, alleging that in the "Vikit Bharat" bail is granted to alleged rapists but not to people raising their voices.
Congress leader and Karnataka Minister Priyank Kharge took a dig at the country's judicial system, saying that in the "Vikit Bharat" bail is granted to alleged rapists but not to people raising their voices. In a post on X, he alleged that in a "Vikit Bharat", bail was granted to alleged rapists but denied to those raising their voices. He named Kuldeep Singh Sengar, Asaram Bapu, Gurmeet Ram Rahim Singh and Brij Bhusan Sharam Singh as beneficiaries of bail, while stating that Umar Khalid, Sonam Wangchuk, Sagar Ghorke and Ramesh Ghaichor were denied bail for "raising their voices" against the government.
The Communist Party of India (Marxist) also criticised the decision, calling the UAPA a "draconian" law. In a post on X, the CPI (M) said, "The Supreme Court's denial of bail to #UmarKhalid and #SharjeelImam, who have spent over five years in jail under the draconian #UAPA without trial or conviction, is against the principles of natural justice. Prolonged pre-trial incarceration violates the fundamental principle that bail is the rule, not jail, and undermines the constitutional right to liberty and a speedy trial."
Victim's Father Stresses Accountability
Meanwhile, Ram Sugarat Paswan, who lost his son Nitin Paswan during the 2020 riots, reacted to the bail granted to five accused, stressing accountability. Speaking to ANI, Paswan said, "I lost my son Nitin Paswan on 26 February 2020 in the Delhi riots. Two days before his death, riots were taking place, and on that day, shops had reopened. He had gone out to the market when the police bullet hit him in his head. He was taken to the hospital and admitted, but he could not survive. We don't have any problem with people being granted bail if they are not involved in the riots. All those responsible for inciting riots must be brought to justice."
Background of the Case
Umar Khalid, Sharjeel Imam and others were arrested in January 2020 under the stringent provisions of the Unlawful Activities (Prevention) Act (UAPA) in the Delhi riots case in February 2020. The violence had erupted during the protests against the then-proposed Citizenship Amendment Act (CAA) and National Register of Citizens (NRC) and had left 53 people dead and over 700 injured. (ANI)
(Except for the headline, this story has not been edited by Asianet Newsable English staff and is published from a syndicated feed.)