Delhi Court Reserves Order on Bail Pleas in 2020 Riots Conspiracy Case Under UAPA

A Delhi court on Saturday reserved its order on the fresh bail applications filed by activists Umar Khalid and Sharjeel Imam in the 2020 Delhi riots larger conspiracy case under the Unlawful Activities (Prevention) Act (UAPA) .

Additional Sessions Judge Sameer Bajpai reserved the verdict after hearing arguments from both the prosecution and the defence. The order is expected later in the day.

In their fresh pleas, Khalid and Imam argued that their continued incarceration for nearly six years without the commencement of trial violates their fundamental right to personal liberty. They pointed out that charges are yet to be framed , despite the prolonged period in custody.

Khalid contended that there has been a "change in circumstances" since the Supreme Court rejected his earlier bail plea on January 5. He relied on subsequent Supreme Court observations reiterating that "bail is the rule" even in cases under the UAPA and that anti-terror laws should not be used to justify indefinite detention.

Both activists also cited Supreme Court rulings, including Union of India vs K.A. Najeeb and Vernon Gonsalves vs State of Maharashtra , arguing that constitutional protections should prevail where trials are unlikely to conclude within a reasonable time.

On January 5 , the Supreme Court denied bail to Khalid and Imam, holding that a prima facie case existed against them under the UAPA. However, it granted bail to co-accused Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohammad Saleem Khan, and Shadab Ahmad , observing that the accused could not be treated alike due to the "hierarchy of participation."

Khalid, Imam and several others are accused of being part of a larger conspiracy behind the February 2020 northeast Delhi riots , which erupted during protests against the Citizenship (Amendment) Act (CAA) and the proposed National Register of Citizens (NRC) . The violence claimed 53 lives and left more than 700 people injured .