Delhi HC issues notice on Sharjeel Imam's bail plea in 2020 riots case
Synopsis
Key Takeaways
The Delhi High Court on Friday, 17 July issued notice to the Delhi Police on a bail plea filed by jailed student activist Sharjeel Imam in the 2020 northeast Delhi riots 'larger conspiracy' case, seeking the force's response. The matter is now listed for further hearing on 27 August.
What the High Court Has Done
A Division Bench comprising Justice Prathiba M. Singh and Justice Vikas Mahajan admitted the notice after Imam challenged an order by the Karkardooma Court that had refused him regular bail. The case is registered under the Unlawful Activities (Prevention) Act (UAPA) and other penal provisions.
What the Trial Court Said
Earlier this month, Additional Sessions Judge Sameer Bajpai dismissed the regular bail pleas of both Sharjeel Imam and co-accused Umar Khalid. The trial court held that it was bound by the Supreme Court's order of 5 January 2026, which had declined bail to both accused and specified that fresh applications would only be maintainable after the examination of protected witnesses relied upon by the prosecution, or on the expiry of one year from that order — whichever came earlier.
'The Court has no option but to follow the judgment dated January 5, 2026, as passed by the Supreme Court, whereby the petitions of both the applicants were dismissed,' the trial court observed.
Imam's Argument Before the Courts
Before the trial court, Imam contended that circumstances had materially changed since the Supreme Court's January 2026 order. He argued that despite more than six months having elapsed, the trial had seen no meaningful progress — with arguments on framing of charges still ongoing — while he had remained in custody for nearly six years.
The Broader UAPA Bail Landscape
Earlier this year, the Supreme Court dismissed bail pleas of both Imam and Khalid, holding that prosecution material disclosed prima facie grounds attracting the statutory embargo under Section 43D(5) of the UAPA. However, the apex court simultaneously granted bail to five co-accused — Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohd Saleem Khan, and Shadab Ahmed.
More recently, the Supreme Court granted six months' interim bail to co-accused Tasleem Ahmed and Khalid Saifi, while simultaneously referring to a larger Bench the significant constitutional question of whether prolonged incarceration and trial delays can justify bail despite the restrictions under Section 43D(5) of the UAPA. That referral signals a potential shift in how courts may interpret the UAPA's stringent bail bar going forward.
Background: The 2020 Delhi Riots Case
The case pertains to the alleged larger conspiracy behind the communal violence that erupted in northeast Delhi in February 2020, leaving dozens dead and hundreds injured. Imam is among several individuals booked under the UAPA and allied penal provisions in connection with that violence. The trial, now in its fifth year, remains at the pre-charge-framing stage — a fact Imam's counsel has repeatedly cited as grounds for bail.