In his petition, Mr. Imam has pointed out that although the chargesheet was filed on September 25, 2020, and the prosecution has cited more than 900 witnesses, including 47 protected witnesses, not a single witness has been examined. File
| Photo Credit: AP

Activists Umar Khalid and Sharjeel Imam have approached the Supreme Court, challenging the Delhi High Court’s September 30 order refusing them bail in the larger conspiracy case linked to the February 2020 Delhi riots.

In their petitions, the two have contended that their continued incarceration for over six years, with the trial yet to commence, violates the Constitutional guarantee of personal liberty under Article 21. They have also pointed out that the one-year restriction imposed by the Supreme Court on filing fresh bail applications is nearing its expiry.

On January 5, a Bench of Justices Aravind Kumar and N. V. Anjaria denied bail to Mr. Khalid and Mr. Imam, describing them as “ideological drivers” of the alleged larger conspiracy. The Bench held that the two stood “qualitatively on a different footing” from the other accused, observing that the material on record prima facie indicated their “central and formative roles” in planning and directing the alleged conspiracy.

The Court, however, granted bail to five co-accused — Gulfisha Fatima, Meeran Haider, Shifa ur Rehman, Mohd. Saleem Khan and Shadab Ahmed — subject to stringent conditions.

While denying bail, the Supreme Court permitted Mr. Khalid and Mr. Imam to renew their bail pleas upon the completion of the examination of protected witnesses or the expiry of one year from its order, whichever was earlier.

In his petition, Mr. Imam has pointed out that although the chargesheet was filed on September 25, 2020, and the prosecution has cited more than 900 witnesses, including 47 protected witnesses, not a single witness has been examined. He has argued that, given the lack of progress in the trial, the examination of protected witnesses is unlikely to be completed before the one-year period stipulated by the top court expires.

Mr. Khalid has similarly contended that the prosecution has yet to examine the protected witnesses, although the one-year period stipulated by the Supreme Court is approaching its expiry.

High Court order

On September 30, a Division Bench of Justices Prathiba M. Singh and Dinesh Bhatt of the Delhi High Court dismissed their fresh bail pleas, holding that judicial discipline prevented it from modifying the conditions imposed by the Supreme Court in its January 5 order. The Bench observed that the liberty granted to the two accused to seek bail afresh was expressly conditional upon either the examination of protected witnesses or the expiry of one year, whichever occurred earlier.

“Perusal of the decision in Gulfisha Fatima is concerned, the Supreme Court has given them liberty only upon the happening of two circumstances — examination of protected witnesses or the expiry of one year, whichever is earlier. These two conditions would show that the specific liberty is clear and conditional, and this Court would not be in a position to modify the condition,” the High Court said.

The Bench also rejected their plea for parity with co-accused Tasleem Ahmad and Khalid Saifi, who had been granted interim bail by the Supreme Court, observing that the allegations against them were materially different.

Mr. Khalid and Mr. Imam had moved the High Court against a July 4 order of the trial court denying them bail.

Opposing their pleas, the Delhi Police had maintained that the conditions stipulated by the Supreme Court precluded their release at this stage. The prosecution had also opposed their claim for parity with Mr. Ahmad and Mr. Saifi, contending that the alleged roles attributed to the accused were distinct.

Mr. Imam was initially arrested by the Delhi Police on January 28, 2020, before the riots, while Mr. Khalid was taken into custody on September 30, 2020. Both were subsequently booked under the stringent Unlawful Activities (Prevention) Act (UAPA) in the larger conspiracy case, with the police alleging that they played key roles in the conspiracy behind the communal violence in northeast Delhi in February 2020.

The riots broke out on February 23, 2020, leaving 53 people dead and hundreds injured.

Published – November 05, 2026 05:22 pm IST