Delhi Riots: SC Defers Bail Pleas Of Umar Khalid, Sharjeel Imam, Gulfisha To Sep 19

Umar Khalid

The Supreme Court on Friday adjourned the bail pleas of activists Umar Khalid, Sharjeel Imam, Gulfisha Fatima, Meeran Haider, and others in connection with the Unlawful Activities (Prevention) Act case linked to the February 2020 riots in Delhi.

The matter will now be heard on September 19, as the bench noted that the case files were received only recently.

A bench comprising Justices Aravind Kumar and N V Anjaria directed that the hearing be postponed, ensuring adequate time for examination of the petitions.

Background

The activists are challenging the Delhi High Court’s September 2 order, which denied bail to nine accused, including Khalid, Imam, Fatima, and others. The court had reasoned that violence disguised as protest could not be permitted, and that conspiratorial acts under the guise of dissent posed a serious threat to public order.

The accused facing bail denial include:

Umar Khalid
Sharjeel Imam
Gulfisha Fatima
Mohd Saleem Khan
Shifa Ur Rehman
Athar Khan
Meeran Haider
Abdul Khalid Saifi
Shadab Ahmed

Additionally, another accused, Tasleem Ahmed, had his bail plea rejected by a separate bench of the High Court on the same day.

Court’s Observations

The Delhi High Court acknowledged that the Constitution protects citizens’ rights to protest and express their views under Article 19(1)(a). However, the court emphasized that such rights are “not absolute” and must be exercised within lawful boundaries. It stated that while peaceful demonstrations are permitted, actions that disrupt law and order or incite violence can’t be condoned.

“If the exercise of an unfettered right to protest were permitted, it would damage the constitutional framework and impinge upon the law-and-order situation in the country,” the High Court’s order noted while rejecting bail.

UAPA Charges & Allegations

The accused have been booked under the UAPA and relevant sections of the Indian Penal Code (IPC) for allegedly orchestrating the riots in February 2020. The violence, which erupted during protests against the Citizenship Amendment Act (CAA) and National Register of Citizens (NRC), resulted in the deaths of 53 people and injuries to over 700 others.

The activists have denied all charges against them, asserting that they were peaceful participants in protests and that the allegations are politically motivated. They have been in judicial custody since 2020 and approached the High Court after their bail pleas were earlier rejected by a trial court.