The Delhi High Court on Tuesday refused bail to former Jawaharlal Nehru University (JNU) students Umar Khalid and Sharjeel Imam along with seven others in the larger conspiracy case filed under the Unlawful Activities Prevention Act (UAPA) in connection with the 2020 north-east Delhi riots.
The nine accused who had sought bail were: Sharjeel Imam, Umar Khalid, Mohd Saleem Khan, Shifa Ur Rehman, Athar Khan, Meeran Haider, Shadab Ahmed, Abdul Khalid Saifi and Gulfisha Fatima.
They argued that the delay in the trial, which is still at the stage of charge framing, has resulted in their prolonged imprisonment.
The order was delivered by Justices Navin Chawla and Shalinder Kaur, who said: “All appeals are dismissed.”
In a related development earlier in the day, another judge of the High Court turned down the bail request of accused Tasleem Ahmed in the same case.
Sharjeel Imam’s lawyer Ahmad Ibrahim said they will now move the Supreme Court against this decision.
Umar Khalid was arrested in September 2020 and charged with criminal conspiracy, rioting, unlawful assembly, and several other offences under the UAPA. Since then, he has remained in custody. This is his second attempt before the High Court for bail, the earlier one having been rejected in October 2022. He had also approached the Supreme Court, but later withdrew his plea in February 2024 citing changed circumstances.
Most recently, on May 28, 2024, the trial court rejected his second bail petition, prompting the current appeal before the High Court. Other accused also approached the High Court after facing rejection at the trial stage.
Senior Advocate Trideep Pais, appearing for Umar Khalid, argued that mere participation in WhatsApp groups does not imply criminal conduct. He pointed out that Khalid rarely posted messages, except for sharing a protest location when asked. He also stressed that Khalid’s speeches reflected Gandhian principles and there was no allegation of violence or fundraising.
Opposing the pleas, Solicitor General Tushar Mehta, representing Delhi Police, maintained that the accused, including Khalid and Sharjeel Imam, were engaged in efforts to create communal divisions. He said, “They are acting in concert, connected through WhatsApp groups, and carrying forward the conspiracy.”
Senior Advocate Salman Khurshid represented Shifa Ur Rehman, while Senior Advocate Rebecca John appeared for Abdul Khalid Saifi.
