New Delhi [India], January 5 (ANI): The Supreme Court on Monday denied bail to Umar Khalid and Sharjeel Imam in a case linked to the alleged larger conspiracy behind the 2020 north-east Delhi riots, while granting bail to five other accused, observing that the two stand on a “qualitatively different footing” in terms of prosecution and evidence.
The apex court granted bail to Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohd Saleem Khan and Shadab Ahmad, noting that their culpability, if any, appeared to be limited in nature. However, it declined to extend similar relief to Umar Khalid and Sharjeel Imam.
Reacting to the apex court decision, Shifa Ur Rehman’s wife welcomed the Supreme Court’s decision and expressed hope that the remaining two accused would also get relief. Speaking to ANI, she said, “We welcome the judgment of the Supreme Court and thank the lawyers. May Umar Khalid and Sharjeel Imam also get bail at the earliest.”
Lawyer Sarim Javed, representing Gulfisha Fatima, termed the bail order for the five accused a “massive relief” for them and their families. He said the top court had clearly distinguished between the roles of the accused.
Speaking to ANI, Javed said, “The five who have been granted bail, the Supreme Court has said that their culpability, if any, is at a lower level. For the two who have not been granted bail, the Court said it is not commenting on their culpability, but given the structure of the case and considering the Constitution along with UAPA, they have allowed one more year for protected witnesses. Even if that does not happen, Umar Khalid and Sharjeel Imam can reapply for bail after one year. It’s a massive relief for the others and their families.”
Following the bail rejection, Bharatiya Janata Party (BJP) leaders demanded an apology from the Congress party and leaders who had previously shared platforms with Umar Khalid and Sharjeel Imam.
BJP spokesperson Shehzad Poonawalla demanded an apology from Congress for defending the two accused. He claimed that the Supreme Court’s observations showed the Delhi riots were not spontaneous.
“Today we would say ‘Satyamev Jayate.’ The Supreme Court has denied bail to the poster boys of the ‘Tukde Tukde Gang,’ Umar Khalid and Sharjeel Imam, whose role in the Delhi riots and UAPA charges have been prima facie found to be true. It shows the riots were not organic but organised and sponsored. The Congress Party and its ecosystem must apologise,” Poonawalla said.
Delhi Minister Ashish Sood called it “shameful” that political leaders had shared platforms with Sharjeel Imam and demanded an apology to the nation.
“It is shameful that various leaders of the Assembly shared the stage with Sharjeel Imam. They all should apologise to the nation,” Sood told ANI.
He added, “Sharjeel Imam has conspired to break this country. While dissent is allowed, how can anyone be allowed to break India?”
BJP MP and Bar Council of India Chairman Manan Kumar Mishra supported the Supreme Court’s decision, saying it was well-reasoned and would help the investigation.
“The Supreme Court has given a very reasoned order. The conspiracy of these two persons is prima facie established; therefore, bail cannot be granted,” Mishra said.
Shiv Sena leader Shaina NC also welcomed the decision, linking it to India’s zero-tolerance policy toward terrorism.
On the other hand, Shiv Sena (UBT) MP Priyanka Chaturvedi expressed concern over the bail rejection, noting that the two accused have been in jail for five years without trial.
Congress leader and Karnataka Minister Priyank Kharge criticised the decision, alleging that in a “Viksit Bharat,” bail is granted to alleged rapists but denied to those raising their voices. In a post on X, he named several individuals whom he claimed received bail.
The Communist Party of India (Marxist) also criticised the decision, calling UAPA a “draconian law” and stating that prolonged pre-trial incarceration violates the principles of natural justice and constitutional liberty.
Meanwhile, Ram Sugarat Paswan, who lost his son Nitin Paswan during the 2020 riots, reacted to the bail granted to five accused, stressing accountability.
“I lost my son on February 26, 2020. We don’t have a problem with bail for those not involved, but all those responsible for inciting riots must be brought to justice,” Paswan said.
Umar Khalid, Sharjeel Imam and others were arrested in January 2020 under the Unlawful Activities (Prevention) Act in connection with the February 2020 Delhi riots, which erupted during protests against the Citizenship Amendment Act (CAA) and NRC. The violence left 53 people dead and over 700 injured. (ANI)
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