Delhi court reserves order on Umar Khalid, Sharjeel Imam bail pleas in 2020 riots case
Synopsis
Key Takeaways
A Delhi court on Saturday, 4 July reserved its order on the regular bail applications filed by Umar Khalid and Sharjeel Imam in the larger conspiracy case stemming from the 2020 northeast Delhi riots. The Karkardooma Court concluded hearing arguments on both pleas before reserving its verdict.
Background of the Bail Pleas
Khalid and Imam have sought regular bail in a case registered under the Unlawful Activities (Prevention) Act (UAPA) and other penal provisions. Last month, the court had issued notice on their applications and directed the Delhi Police to file its response.
In his plea, Imam argued that despite more than six months having elapsed since the Supreme Court rejected his bail application in January, there has been no meaningful progress in the trial. He further submitted that arguments on the framing of charges are yet to conclude and that he has been behind bars for nearly six years in connection with this case.
Supreme Court's Earlier Rulings
Earlier this year, the Supreme Court dismissed bail pleas filed by both Khalid and Imam, holding that prosecution material disclosed prima facie grounds attracting the statutory bar on bail under Section 43D(5) of the UAPA. At the same time, the apex court granted bail to five other accused in the case — Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohd Saleem Khan, and Shadab Ahmed.
Interim Relief and a Larger Constitutional Question
More recently, the Supreme Court granted six months' interim bail to Tasleem Ahmed and Khalid Saifi, while simultaneously referring to a larger Bench the question of whether prolonged incarceration and trial delay can justify bail even under the restrictions of Section 43D(5) of the UAPA.
A Bench of Justices Aravind Kumar and Prasanna B. Varale directed the registry to place the matter before the Chief Justice of India (CJI) for constituting an appropriate Bench. The referral followed arguments by Additional Solicitor General S.V. Raju, appearing for the Delhi Police, who flagged apparent divergence among coordinate Benches in applying the K.A. Najeeb judgment to bail pleas under stringent statutes such as the UAPA and the NIA Act.
The Bench also took note of the subsequent ruling in Syed Iftikhar Andrabi vs National Investigation Agency (NIA), where another coordinate Bench expressed reservations over aspects of the earlier order that had denied bail to Khalid and Imam while granting relief to five co-accused.
What Happens Next
The Karkardooma Court's reserved order will be closely watched as a signal of how trial courts interpret UAPA bail provisions amid ongoing uncertainty at the Supreme Court level. With the apex court yet to constitute a larger Bench on the Section 43D(5) question, the broader legal framework governing bail in terror-related cases remains unsettled.