The Supreme Court of India is set to announce its crucial judgment on the bail applications of several activists, including Umar Khalid and Sharjeel Imam, who are accused in the high-profile 2020 Delhi riots conspiracy case. A bench comprising Justices Aravind Kumar and NV Anjaria will deliver the verdict after reserving it on December 10 following extensive arguments from both sides.
Arguments and Allegations in Court
Representing the Delhi Police, Solicitor General Tushar Mehta and Additional Solicitor General S V Raju strongly opposed granting bail to the accused. The police have framed the February 2020 riots not as a spontaneous outburst but as an "orchestrated, pre-planned and well-designed" conspiracy against the nation's sovereignty. Raju argued that in a conspiracy, the acts of one individual can be attributed to all co-accused. He specifically stated that Sharjeel Imam's speeches could be used as evidence against Umar Khalid and others.
The prosecution also contended that Khalid had deliberately planned to leave Delhi before the violence erupted, suggesting an attempt to deflect responsibility. The accused have been charged under the stringent Unlawful Activities (Prevention) Act (UAPA) and various sections of the Indian Penal Code (IPC) for allegedly being the "masterminds" behind the riots that resulted in 53 deaths and over 700 injuries.
Defense Pleas and International Attention
Senior advocates Kapil Sibal, Abhishek Singhvi, Siddhartha Dave, Salman Khurshid, and Sidharth Luthra, representing the accused, argued for bail. Sharjeel Imam expressed deep anguish to the top court for being labeled a "dangerous intellectual terrorist" without a full trial or conviction. His lawyer, Siddharth Dave, pointed out that Imam was arrested on January 28, 2020—weeks before the riots—for speeches that alone, he argued, do not constitute criminal conspiracy.
The case has drawn international scrutiny. Last week, a group of US lawmakers, including Jim McGovern and Jamie Raskin, wrote to India’s Ambassador to the US, Vinay Kwatra, urging a fair and timely trial for Umar Khalid in accordance with international law. They expressed concern over prolonged pre-trial detention. Separately, newly-elected New York City Mayor Zohran Mamdani sent a handwritten note of support to Khalid, which was shared on social media by Khalid's partner.
Case Background and Legal Journey
The violence, which erupted in Northeast Delhi in February 2020 amidst protests against the Citizenship (Amendment) Act (CAA) and the National Register of Citizens (NRC), led to widespread destruction. Umar Khalid has been in custody since September 13, 2020, while Sharjeel Imam has been imprisoned since his arrest in January 2020. Other accused in the case include Fatima, Meeran Haider, and Shifa Ur Rehman.
The accused approached the Supreme Court after the Delhi High Court denied them bail in its order dated September 2. The Supreme Court's verdict today is highly anticipated, as it will determine whether the activists will be released on bail while awaiting trial in a case that involves serious charges under the UAPA, a law that allows for lengthy pre-trial detention.
