The Supreme Court on Monday refused to grant bail to Umar Khalid and Sharjeel Imam in connection with the alleged larger conspiracy behind the 2020 north-east Delhi riots, while allowing bail to five other accused in the same case.
A bench comprising Justices Aravind Kumar and N.V. Anjaria granted relief to Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohd Saleem Khan and Shadab Ahmad, noting distinctions in the nature of allegations and evidence against them. However, the court held that Khalid and Imam stood on a “qualitatively different footing” due to what it described as their “central” roles in the alleged conspiracy.
The bench observed that although Khalid and Imam have been in custody for a prolonged period, their continued incarceration does not violate constitutional safeguards or override the statutory restrictions imposed under stringent laws, including the Unlawful Activities (Prevention) Act (UAPA).
The judgment was delivered on bail pleas filed by the five accused who were granted relief. The apex court had reserved its verdict on December 10 after hearing extensive submissions from both sides.
During the hearings, counsel for the accused argued that the trial had not commenced despite more than five years having passed since their arrest. They contended that prolonged incarceration without trial was unjustified, particularly in the absence of direct evidence linking the accused to acts of violence during the riots.
The defence further submitted that no proof had emerged to show that the accused instigated violence, even after years of investigation.
Opposing the pleas, the Delhi Police argued that the case involved a deliberate and deeply planned attempt to destabilise the country. It maintained that the violence was not the result of spontaneous protests but part of a coordinated, “pan-India” conspiracy aimed at “regime change” and “economic strangulation.”
According to the prosecution, the alleged conspiracy was timed to coincide with the official visit of the then US President to India, with the intention of drawing international attention and globalising opposition to the Citizenship Amendment Act (CAA). The police described the CAA as a “radicalising catalyst,” allegedly used to mobilise protests under the guise of peaceful demonstrations.
The Delhi Police further submitted that the alleged conspiracy resulted in the deaths of 53 people, widespread destruction of public and private property, and the registration of 753 FIRs in Delhi alone. It claimed that evidence on record indicated attempts to replicate the alleged conspiracy across the country.
Earlier, on September 2, 2025, the Delhi High Court had rejected bail pleas of nine accused, including Khalid and Imam, prompting them to approach the Supreme Court. The High Court had observed that, prima facie, both Khalid and Imam played a “grave” role in the conspiracy, including delivering inflammatory speeches along communal lines to allegedly incite mass mobilisation.
Umar Khalid, Sharjeel Imam and several others were arrested under UAPA provisions in early 2020 in connection with the violence that erupted during protests against the proposed CAA and the National Register of Citizens (NRC). The riots left 53 people dead and over 700 injured.
