The Delhi High Court has denied bail to Sharjeel Imam, Umar Khalid, and six other individuals accused under the Unlawful Activities (Prevention) Act (UAPA) in connection with the 2020 northeast Delhi riots.
The verdict was delivered by a division bench of Justice Navin Chawla and Justice Shalinder Kaur, who had reserved judgment after hearing extensive arguments on 9 July.
The accused also include Mohammed Salim Khan, Shifa-ur-Rehman, Athar Khan, Miran Haider, Khalid Saifi, and Gulfisha Fatima.
All eight have been in judicial custody for several years, with their petitions arguing that the prolonged incarceration without formal charges warranted bail.
Appearing for the prosecution, Solicitor General Tushar Mehta strongly opposed the bail requests. He asserted that the riots were not spontaneous but part of a meticulously planned conspiracy aimed at damaging India’s international reputation.
According to him, the alleged acts were of such a serious nature that mere delay in trial could not be grounds for bail.
He further claimed that the accused were in constant coordination through encrypted messaging apps and WhatsApp groups, working to provoke unrest.
Mehta stressed that the selection of the protest dates and locations was intentional, aimed at drawing global media attention and creating a perception of religious instability in India.
Counsel representing the accused argued that the trial had not yet begun, and the delay in framing charges after more than three years in custody was in direct violation of the principle of natural justice.
The defence counsel argued that the authorities had failed to present concrete evidence proving their clients’ active involvement in the violence.
They highlighted that courts had already granted bail to some co-accused in related cases and asserted that keeping the others in extended pre-trial detention amounted to punitive imprisonment without conviction.
The 2020 riots in northeast Delhi left 53 people dead—38 of them Muslim and 15 Hindu—and over 700 injured.
The violence broke out during protests against the Citizenship Amendment Act (CAA) and escalated into full-blown communal clashes.
In its ruling, the court acknowledged the complexity of the case but upheld the view that the material on record suggested a prima facie case of conspiracy.
Given the alleged attempt to incite large-scale communal violence and the national security implications, the court ruled that the accused do not qualify for bail at this stage.
With the court denying bail, the trial is set to proceed in the coming months.
However, concerns remain over the prolonged detention of the accused, many of whom have been behind bars since 2020.
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