In the new development in the NRC-CAA Conspiracy case, the Supreme Court on Monday denied bail to Umar Khalid and Sharjeel Imaam, accused under the UAPA in connection with the case.
However, bail has been granted to five other accused—Gulfisha Fatima, Meeran Haider, Shifa ur Rehman, Shadab Ahmed, and Mohd Saleem Khan.
“Umar Khalid and Sharjeel Imam stand on a qualitatively different footing as compared to other accused,” the Bench said.
“This court is satisfied that the prosecution material disclosed a prima facie allegation against the appellants Umar Khalid and Sharjeel Imam. The statutory threshold stands attracted qua these appellants. This stage of proceedings does not justify their enlargement on bail,” the court directed, as reported by the Bar and Bench.
“The UAPA as a special statute represents a legislative judgment as to the conditions on which bail may be granted in the pretrial stage. Delay serves as a trigger for heightened judicial scrutiny. The discussion has been confined to delay and prolonged incarceration. UAPA offenses are rarely confined to isolated acts. The statutory scheme reflects this understanding,” the Court stated.
The Delhi Riots unfolded in February 2020 ahead of the clashes over the CAA; the riots caused the death of 53 persons and injured hundreds of others.
The case relates to allegations that the accused were part of a larger conspiracy to orchestrate multiple riots. An FIR was registered by the Delhi Police’s Special Cell under various provisions of the Indian Penal Code (IPC) and the Unlawful Activities (Prevention) Act (UAPA).
Umar Khalid was arrested in September 2020 and charged with criminal conspiracy, rioting, unlawful assembly, and several other offenses under the UAPA. He has remained in judicial custody since his arrest.
Sharjeel Imam was also named in multiple FIRs across different states, primarily under sedition and UAPA provisions. While he has secured bail in several of those cases, he continues to remain incarcerated in the alleged larger conspiracy case.
Khalid and other accused have challenged the Delhi High Court’s September 2 order denying them bail by approaching the Supreme Court. The apex court issued notice to the Delhi Police in the matter on September 22.
