In a significant development in the high-profile north-east Delhi riots larger conspiracy case, the Supreme Court on Monday delivered a split verdict, granting bail to five accused while denying it to two others. The decision has been termed a "massive relief" for those released and their families.
Bail Granted for Five, Denied for Two
The apex court granted bail to Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohd. Saleem Khan, and Shadab Ahmad. Their lawyer, Sarim Javed, stated that the court clearly observed the culpability of these five individuals, if any, appeared to be "limited" or "at a lower level." This assessment formed the basis for their release.
However, the court denied bail to Umar Khalid and Sharjeel Imam. It noted that the two stood on a "qualitatively different footing" compared to the other accused, both in terms of the prosecution's case and the evidence presented. The court observed that their alleged roles were "central" to the offences.
A Window for Future Bail and the UAPA Hurdle
While denying them immediate bail, the Supreme Court left a crucial window open. It directed that the examination of protected secret witnesses should be completed within one year. Lawyer Sarim Javed highlighted that Umar Khalid and Sharjeel Imam have been given the option to reapply for bail if the trial does not progress as directed, or after the lapse of one year.
The court acknowledged the long period of incarceration but held that it did not violate constitutional safeguards or override the stringent statutory bar under the Unlawful Activities (Prevention) Act (UAPA), under which all accused were booked.
Background of the 2020 Delhi Riots Case
The case pertains to the alleged larger conspiracy behind the February 2020 north-east Delhi riots, which erupted during protests against the Citizenship Amendment Act (CAA) and the proposed National Register of Citizens (NRC). The violence resulted in 53 deaths and over 700 injuries.
All seven accused were charged under the UAPA and Indian Penal Code (IPC) for allegedly being the "masterminds" of the riots. Sharjeel Imam was first arrested on January 28, 2020, for his speeches during anti-CAA protests and later in the conspiracy case in August 2020. Umar Khalid was arrested on September 13, 2020.
The Supreme Court's order marks a pivotal moment in the protracted legal battle, drawing a distinction in the perceived roles of the accused while setting a timeline for the progression of the complex trial.
