The Supreme Court of India has denied bail to activists Umar Khalid and Sharjeel Imam in a case related to the 2020 Delhi riots. The court placed the duo on a 'different footing' compared to other accused, underscoring the gravity of evidence presented against them by the Delhi Police.
Core Allegations and Police Evidence
In its detailed chargesheet, the Delhi Police has portrayed Umar Khalid as the central figure in the alleged conspiracy, with Sharjeel Imam described as his protégé. The evidence array includes material from two WhatsApp groups said to be used for coordinating violence, statements from protected witnesses, and a range of digital and forensic proofs.
A key piece of evidence is a 720-second phone call between Umar Khalid, who was in Samastipur, Bihar at the time, and co-accused Natasha Narwal. Police also presented forensically verified clips of their speeches. Investigators noted a surge in calls between Khalid, Narwal, and others immediately after news broke about the death of Head Constable Ratan Lal during the riots.
Specific Incidents and Witness Accounts
The chargesheet alleges Khalid was present at Jamia Millia Islamia on December 15 when the first phase of violence erupted, leading to injuries to 100 civilians and 45 police personnel. Judicial statements from witnesses, identified under code names like James, Bond, Crypton, and Sierra, label Khalid and Imam as the central figures directing events.
Police have corroborated these statements with mobile location data. One witness, in a statement recorded under Section 164 of the CrPC, claimed to have seen Umar Khalid entering an office in Shaheen Bagh with others on January 8, 2020. Call Detail Records (CDR) of Khalid's mobile number reportedly confirm his presence in Shaheen Bagh that day.
Further, it is alleged that on the night of January 23-24, 2020, Khalid visited the Seelampur protest site, addressed a gathering, and then held a meeting. In this meeting, he allegedly instructed attendees, including Gulfisha, Natasha Narwal, and Devangana Kalita, to induce local women to stockpile weapons like knives, acid, stones, and chilli powder to engineer riots.
Alleged Coordination and Creation of Alibi
The police case also mentions Khalid's presence at a Jantar Mantar protest on February 10, 2020, organized by Jamaat-e-Islami Hind. He is accused of instructing participants to mobilize illegal Bangladeshi residents of Jahangirpuri for their cause. Another alleged speech by Khalid in Amravati has been submitted as evidence.
A significant contention by the police is that Khalid deliberately left Delhi on February 23, 2020, just before the major riots erupted, to create an alibi. A witness stated that Khalid insisted on booking his travel for that date despite being told tickets were expensive.
Regarding Sharjeel Imam, investigators cited a video clip where he is reportedly heard saying, "Our wish and desire is that there should be a chakka jam in Delhi... this was just a spark today, there were 3000-4000 people, if it happens in an organised way... more people will come... If this flyover collapses, the whole world will know. Understand?... Where will this spark go? How will the fire spread?"
Legal Implications and Next Steps
The Supreme Court's decision to reject bail, emphasizing the distinct role attributed to Khalid and Imam by the evidence, marks a critical juncture in the legal proceedings. The court's ruling suggests it finds prima facie merit in the prosecution's argument about their alleged central involvement. The duo will remain in judicial custody as the trial continues, with the police's extensive evidence set to be tested in court.
