Families of activists Umar Khalid and Sharjeel Imam expressed disappointment after the Supreme Court of India denied them bail in the 2020 Delhi riots conspiracy case. Both have been in custody since 2020 and the trial has yet to begin.
Speaking to the Times of India, Khalid’s father, Syed Qasim Rasool Ilyas, described the decision as “very unfortunate”. He said there was no evidence to show that his son had made any anti-national speech or committed any anti-national act, adding that Khalid was not in Delhi when the violence occurred. He also pointed to the length of his son’s incarceration without trial, saying the family would now have to wait another year before being allowed to apply for bail again.
Sharjeel Imam’s brother, Muzammil Imam, also criticised the ruling. He said the judgment was deeply disappointing and questioned how, of the seven accused in the case, only two had been denied bail on conspiracy charges.
Following the verdict, Khalid’s partner Banojyotsna Lahiri wrote on X that when she spoke to him after the order, he told her: “This is my life now.”
In its order, the Supreme Court said that delay in trial could not be treated as a “trump card” to override statutory safeguards under the law. The bench observed that the sovereignty, integrity and security of the nation, as well as the preservation of public order, were constitutional values that Parliament was entitled to protect through legislation.
The court granted conditional bail to five other accused in the case: Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohammad Salim Khan and Shadab Ahmad. However, it said Khalid and Imam stood on a higher footing in the alleged hierarchy of participation in the conspiracy, based on the prosecution’s narrative and the material placed before the court.
Sharjeel Imam was arrested on January 28, 2020, over speeches delivered during anti-CAA protests. Umar Khalid was arrested on September 13, 2020. Both were later charged under the Unlawful Activities (Prevention) Act. The court said Khalid may apply for bail again after one year if the trial does not progress meaningfully.
