SC denies bail to Umar Khalid, Sharjeel Imam in Delhi riots case; grants relief to 5 others

The Supreme Court on Monday denied bail to activists Umar Khalid and Sharjeel Imam in the Delhi riots larger conspiracy case, holding that the material on record disclosed a prima facie case against them under the Unlawful Activities (Prevention) Act, 1967. At the same time, the court granted bail to five other accused in the case.

A bench comprising Justices Aravind Kumar and PB Varale granted bail to Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohd Saleem Khan and Shadab Ahmed, observing that the role of each accused had to be examined independently. The court also directed the trial court to expedite the proceedings.

Justice Kumar, pronouncing the judgment, stated that in prosecutions under the Unlawful Activities Prevention Act, delay in trial does not operate as a "trump card" which automatically displaces statutory safeguards. However, he clarified that Section 43D(5) of the Act does not completely bar judicial scrutiny, and courts are required to assess whether a prima facie case exists against each accused on an individual basis. At the bail stage, the court said, defence arguments cannot be examined in detail.

The bench held that courts must undertake a structured enquiry to determine whether the prosecution material, if accepted at face value, meets the statutory threshold under the UAPA. It further ruled that Section 15 of the Act, which defines terrorist acts, cannot be narrowly interpreted to include only acts involving death or physical destruction, and also covers actions that disrupt essential services or threaten economic stability.

The court noted that all accused persons in the case did not stand on the same footing, as the roles attributed to them varied. It said Umar Khalid and Sharjeel Imam stood on a qualitatively different footing compared to the other accused who were granted bail.

The bail pleas were filed against a September 2, 2025 judgment of the Delhi High Court, which had rejected their requests for bail. Umar Khalid and Sharjeel Imam have been in custody for over five years in connection with the case, which includes charges under the UAPA and the Indian Penal Code.

The Supreme Court had reserved its verdict in December after hearing arguments from senior advocates appearing for the accused and the Delhi Police. Solicitor General Tushar Mehta and Additional Solicitor General SV Raju represented the prosecution.

The case relates to alleged conspiracy behind the communal riots that broke out in Delhi in February 2020. Several of the accused are former student activists who were involved in protests against the Citizenship Amendment Act in 2019 and 2020.
(With LiveLaw inputs.)