Guwahati: The Supreme Court on Friday, adjourned the hearing on bail pleas of activist Sharjeel Imam, former Jawaharlal Nehru University (JNU) scholar Umar Khalid, and several others linked to the larger conspiracy case arising from the 2020 Delhi riots.
The matter is now scheduled for Monday, September 22, with the Bench of Justices Aravind Kumar and Manmohan not giving any reasons for the adjournment.
Senior advocate Abhishek Manu Singhvi appeared for Imam.
The petitions challenge a September 2 Delhi High Court order that had refused bail, stating the accused played “prima facie grave” roles in a “premeditated, well-orchestrated conspiracy.”
The High Court had endorsed the prosecution’s view that the riots were not a routine protest but a “conspiracy” disguised as opposition to the Citizenship (Amendment) Act (CAA) and the proposed National Register of Citizens (NRC).
Apart from Imam and Khalid, the High Court had also denied bail to activists Gulfisha Fatima, Khalid Saifi, Athar Khan, Mohd. Saleem Khan, Shifa-ur-Rehman, Meeran Haider, and Shadab Ahmed. Another accused, Tasleem Ahmed, had his bail plea dismissed by a separate Bench. Fatima, Haider, and Rehman have appealed to the Supreme Court as well.
The accused face charges under the Unlawful Activities (Prevention) Act (UAPA) and sections of the Indian Penal Code. Delhi Police, represented by Solicitor General Tushar Mehta and Special Public Prosecutor Amit Prasad, alleged that the activists were the “masterminds” behind the February 2020 violence, which left 53 people dead and over 700 injured during protests against the CAA-NRC.
In its 133-page verdict, the High Court observed that “if the exercise of an unfettered right to protest were permitted, it would damage the constitutional framework and impinge upon law and order,” adding that conspiratorial violence disguised as protests “cannot be permitted.” The court also noted that the riots were “deliberately timed” to coincide with then U.S. President Donald Trump’s visit and could not be “lightly brushed aside.”
Imam, who approached the Supreme Court first, has sought bail citing over five and a half years of pre-trial detention since his arrest on January 28, 2020. Khalid, arrested on September 13, 2020, has similarly requested that his prolonged incarceration be considered.
Their lawyers argued that systemic delays in the trial have prolonged their detention, violating their rights to liberty and a speedy trial.
They also cited parity with co-accused already released, including student activists Natasha Narwal, Devangana Kalita, and Asif Iqbal Tanha, granted bail in June 2021, and former Congress councillor Ishrat Jahan, released in March 2022.