A Supreme Court bench comprising Justices Aravind Kumar and NV Anjaria had reserved its judgment in December after marathon hearings involving Delhi Police and senior lawyers appearing for the suspects. The plea challenges a September 2023 Delhi High Court order that denied bail to the accused, citing the ‘serious’ nature of the charges and the seriousness of the alleged conspiracy.
Umar Khalid, Sharjeel Imam, Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohd Saleem Khan and Shadab Ahmed have been arrested under the UAPA and provisions of the erstwhile IPC for allegedly being the “mastermind” behind the February 2020 violence, which broke out amid protests against the Citizenship (Amendment) Act and the proposed National Register of Citizens. The riots left 53 dead and more than 700 injured, marking one of the worst episodes of communal violence in the capital in decades.
CLAIM FROM THE POLICE ‘REGIME CHANGE’
The Delhi Police is against the bail and has repeatedly argued that the violence was not spontaneous but was part of a “well-conceived, well-thought-out and pre-planned” conspiracy. In an affidavit filed in the Supreme Court, police alleged that the riots amounted to a planned ‘regime change operation’ aimed at destabilizing India and defaming it globally.
The prosecution has relied on witness statements, telephone conversations, instant messages and electronic evidence to allege that the suspects were part of a “deep-rooted conspiracy developed along communal lines.” It has also accused the petitioners of deliberately delaying the process through “frivolous requests” and “coordinated non-cooperation”.
Police rejected the defense’s argument that the trial would take years due to nearly 900 witnesses, calling it “a diversionary tactic to obtain bail,” claiming that only 100 to 150 witnesses were material and that the proceedings could move quickly if the suspect cooperated. The affidavit invoked the UAPA and reiterated that “imprisonment, and no bail” is the rule in serious terror-related cases.
ALLEGED ROLES OF KHALID, IMAM
According to police, Umar Khalid was “the originator of the idea of Chakka Jam for riots” and played a central role in planning the violence through the Delhi Protest Support Group. He is said to have convened secret meetings, including one in Seelampur, where participants were instructed to mobilize local women and stockpile knives, stones and acid bottles.
Sharjeel Imam, police alleged, functioned “under the tutelage of Umar Khalid and other top conspirators” and was a key architect of the first phase of the unrest between December 2019 and early 2020. He allegedly incited the mob through speeches at Jamia Millia Islamia and Asansol, expressing a “sincere desire for a ‘chakka jaam’ in every city where Muslims live”.
Police have also pointed to reports allegedly referencing US President Donald Trump’s then visit to India, claiming the timing of the violence was intended to “globalize” the CAA issue and attract international attention.
LONG STORAGE, SLOW PROCESS
The defense, on the other hand, has consistently cited prolonged detention and trial delay as grounds for bail.
Khalid and Imam have been in custody since September 2020, while the case is still in the phase of discussions about drawing up charges. The prosecutor’s charge sheet runs to thousands of pages, with tens of thousands of pages of electronic evidence.
While the Delhi High Court recognized the principle that “bail is the rule and imprisonment the exception,” it held that long confinement was not itself a “universally applicable rule” for granting bail, especially considering the “peculiar facts and circumstances” of the case.
INTERIM BAIL AND POLITICAL RESPONSES
Last month, a Delhi court granted Khalid two weeks’ interim bail to attend his sister’s wedding, imposing strict conditions including a ban on social media use and contact with witnesses. He surrendered back to prison on December 29 after the interim measure expired.
The interim bail provoked sharp political reactions. Former Jammu and Kashmir Prime Minister Mehbooba Mufti said it was “tragic and baffling” that Khalid had to wait five years for short-term parole.
INTERNATIONAL SPOTLIGHT ON CASE
In the run-up to the Supreme Court ruling, the case has attracted new international attention. New York’s newly sworn-in mayor, Zohran Mamdani, wrote to Khalid that he often thought about his words “about bitterness” and that he had met his parents. In addition, eight US lawmakers wrote a letter to the Indian government requesting bail and a “fair and timely trial,” arguing that the “strength of the evidence used to charge Mr. Khalid with terrorism is questionable.”
The BJP has hit back strongly, claiming an ‘anti-India’ narrative is being pushed from abroad. Party spokesperson Pradeep Bhandari alleged that there is a “sinister” link between foreign interventions and Congress leader Rahul Gandhi, citing his previous meetings with US lawmakers.
WHAT THE SUPREME COURT’S RULING MAY SIGNAL
Monday’s Supreme Court ruling is expected to be a defining moment not only for the seven suspects, but also for the broader debate around bail under the UAPA, long-term pre-trial detention and the balance between national security and personal freedom.
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