Activists Umar Khalid and Sharjeel Imam have approached the Supreme Court seeking bail in the Unlawful Activities (Prevention) Act (UAPA) case over the alleged larger conspiracy behind the February 2020 northeast Delhi riots. They are challenging a Delhi High Court order that refused them relief.
In their petitions, the two argue that the prosecution has not examined any of the protected witnesses despite their prolonged incarceration as undertrials. They also point out that the one-year period the Supreme Court set for them to file fresh bail applications is nearing its end.
Imam, in his plea, said the chargesheet was filed on September 25, 2020, naming 18 accused and listing more than 900 prosecution witnesses, 47 of them protected. Despite his having spent six years and nine months in custody as an undertrial, he said, the prosecution has not examined a single witness.
Khalid also questioned the delay in examining protected witnesses. He argued that his continued detention, with no meaningful progress in the trial, violates his right to life and personal liberty under Article 21 of the Constitution.
High Court cites ‘judicial discipline’
On September 30, the Delhi High Court declined to grant bail to the two. It said it was bound by judicial discipline and could not modify the Supreme Court’s January 5 order, which allowed Khalid and Imam to seek bail afresh either after the protected witnesses had been examined or after one year, whichever came first.
The activists had moved the High Court after a trial court rejected their bail pleas on July 4, the third time it had denied them bail since their arrest. The trial court said it had “no option but to follow” the Supreme Court’s order and could neither entertain their applications nor grant relief.
The January ruling
On January 5, a bench of Justices Aravind Kumar and N V Anjaria upheld the High Court’s September 2, 2025 decision denying bail to Khalid and Imam. The court found a prima facie case against them under the UAPA and rejected their argument that trial delays justified bail at that stage. It observed that their roles were distinct from those of the other accused, describing them as the “ideological drivers” of the alleged conspiracy.
The same bench granted bail to five co-accused: Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohammad Saleem Khan and Shadab Ahmad.
Background
The Delhi Police has accused Khalid and Imam of being among the masterminds of the February 2020 violence, which broke out in northeast Delhi amid protests against the Citizenship (Amendment) Act, 2019, and the proposed National Register of Citizens. The riots left 53 people dead and more than 700 injured.
Imam was arrested in this case on August 25, 2020, and Khalid on September 13, 2020.
