Delhi Court Cites Supreme Court Order to Deny Bail to Umar Khalid, Sharjeel Imam

A Delhi court on Saturday rejected the bail applications of Umar Khalid and Sharjeel Imam in the larger-conspiracy terror case linked to the 2020 Northeast Delhi riots. Additional Sessions Judge Sameer Bajpai of Karkardooma Court stated that he had 'no option but to follow' the Supreme Court order dated January 5.

The Supreme Court had on January 5 refused bail to Khalid and Imam while granting relief to five other co-accused: Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohammad Saleem Khan and Shadab Ahmad. A bench of Justices Aravind Kumar and N V Anjaria observed that there was a prima-facie case against Khalid and Imam under the stringent Unlawful Activities (Prevention) Act (UAPA) and that all accused could not be treated equally in view of the 'hierarchy of participation'.

Judge Bajpai noted that the bail pleas were not maintainable in his court and he could neither entertain them nor grant relief. The court's decision underscores the binding nature of Supreme Court orders on lower courts.

The case pertains to the alleged larger conspiracy behind the communal violence that erupted in Northeast Delhi in February 2020, resulting in deaths and injuries. Both Khalid and Imam have been in custody since 2020. They face charges under UAPA and other sections of the Indian Penal Code for their alleged roles in the conspiracy.

Under the UAPA, bail is granted only if the court is satisfied that there are no reasonable grounds to believe the accusation is prima-facie true. The Supreme Court, in its January 5 order, found that the allegations against Khalid and Imam met this threshold, while the other accused had lesser involvement.

This development comes amid ongoing legal proceedings in the case. The denial of bail means Khalid and Imam will remain in judicial custody pending trial. The trial continues at the Karkardooma Court, with further hearings expected in the coming weeks.