THE Supreme Court on Monday refused bail to activists Umar Khalid and Sharjeel Imam in the 2020 Delhi riots conspiracy case but granted it to five others, citing “hierarchy of participation” and saying all accused in the case do not stand on the same footing. There was a prima facie case against Khalid and Imam under the Unlawful Activities (Prevention) Act, a bench of Justices Aravind Kumar and N V Anjaria said. While the two will remain in jail, activists Gulfisha Fatima, Meeran Haider, Shifa Ur Rehman, Mohd. Saleem Khan and Shadab Ahmad have been given bail. Khalid and Imam can file fresh bail applications after the examination of protected witnesses or after one year from today, the court said.

 

The two stand on qualitatively different footing as compared to other accused, it said. The prosecution prima facie disclosed “a central and formative role” and “involvement in the level of planning, mobilisation and strategic direction extending beyond episodic and localised acts”, the bench said. The February 2020 riots in northeast Delhi left 53 people dead and more than 700 injured. According to the court, delay in trial does not operate as a “trump card” which automatically displaces statutory safeguards. “All the appellants do not stand on equal footing as regards culpability. The hierarchy of participation emerging from the prosecutions case requires the court to examine each application individually,” the bench said, adding that the roles attributed to them are different.

 

“This court is satisfied that the prosecution material disclosed a prima facie allegation against the appellants Umar Khalid and Sharjeel Imam... This stage of proceedings does not justify their enlargement on bail,” the apex court said. ‘It is unfortunate’: Umar Khalid’s father on SC bail denial: Umar Khalid’s father S Q R Ilyas said it was “unfortunate” that the Supreme Court denied bail to his son in the 2020 Delhi riots conspiracy case. “No comments. It is unfortunate. I have nothing to say. The judgement is there, and I have nothing to say,” Ilyas said.

 

UMAR Khalid said he was happy and relieved for others who got bail, even as he said that jail is his life now, his partner Banojyotsna Lahiri quoted him as saying. “‘I am really happy for the others, who got bail! So relieved’, Umar said. ‘I’ll come tomorrow for Mulaqat’, I replied. ‘Good good, aa jana. Ab yahi zindagi hai’. #UmarKhalid” Banojyotsna posted on X.